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基于对儒家伦理文化逻辑结构的分析,文章认为儒家伦理文化具有与法律规范同样的逻辑结构,都是以行为后果保障行为标准的实现,因而其调整机理相同。儒家先哲以社会秩序的要求为儒家伦理规范的行为标准,将伦理评价与人的精神性高级需要相统一,提出“存天理,灭人欲”以解决这一冲突,将群众身边言行符合儒家伦理要求的人树立为理想人格供社会公众学习,从而使该伦理要求成为一种大众共享文化。其缺陷是儒家伦理规范的实施在流动、匿名、价值多元与宗教信仰自由的现代社会缺乏可靠性,无法为社会提供可靠的预期,法律规范的调整正好克服了这一缺陷。
Based on the analysis of the logical structure of the Confucian ethical culture, the article holds that the Confucian ethical culture has the same logical structure as the legal norms and guarantees the realization of the behavioral standards based on the behavioral consequences. Therefore, the adjustment mechanism is the same. Confucian philosophers, with the requirement of social order, are the standard of conduct of Confucian ethics and standardize the ethical evaluation with the high-class spiritual needs of the human being. They put forward the idea of “saving the natural and desiring of human beings” to resolve this conflict and conform the words and actions of the masses to Confucian ethics The required person is established as an ideal personality for the public to study, thus making this ethical requirement a shared culture of the general public. The defect is that the implementation of Confucian ethical norms is lack of reliability in the modern society of mobility, anonymity, diversity of values and freedom of religious belief, and can not provide reliable expectation to society. The adjustment of legal norms precisely overcomes this flaw.