Law and Ethics-World Credit Organization

1.5 Law and ethics

In order to better understand honesty as a standard of conduct, it is necessary to discuss law and ethics.

1.5.1 Definition of law

Law is a code of conduct, however, different ideologies have different definitions.

1. The Marxist-Leninist definition of law

Marxism-Leninism holds that the state is a product of irreconcilable class contradictions and a tool of class dictatorship. Law is the embodiment of the will of the state and a tool of class dictatorship.

Second, the definition of law in modern western society

The definition of law in modern Western society generally includes:

1. The state is a service organization formed by citizens with contracts. Citizens transfer part of their rights through contracts, allowing the state to exercise these rights to meet the needs of public services. This contract is the Constitution. If constitutions are all contracts, other laws can also be regarded as different forms of contracts.

2. In the Anglo-American legal system, because they do not focus on statutory law, they also believe that law is the will of God and the law of nature.

3. The author’s definition of law

From the perspective of justice, the author believes that law is the embodiment and result of the struggle between justice and injustice. The law pursues justice, but it does not always represent justice. The law is sacred, and this statement is only half true. Laws that represent justice are sacred. For a law that does not represent justice, it is sacred on the surface, but it is actually difficult for people to consciously abide by it and feel sacred in their hearts.

1.5.2 The formation and characteristics of the world's two major legal systems

1. The formation and characteristics of the common law system (common law system)

1. The formation of the Anglo-American legal system

Anglo-American law system, also known as common law system, English law system or case law system, is a worldwide legal system established on the basis of British common law. It was gradually formed along with the British colonial expansion. By the 19th century, when Britain became a veritable "empire on which the sun never sets", the Anglo-American legal system was finally formed.

2. The main characteristics of the Anglo-American legal system

(1) Cases are the main source of law. Precedents are decisions in similar cases that have occurred before.

(2) Judges play an important role in the development of law. Case law is gradually created in the long-term trial practice of judges. The judge's judgment itself has legislative significance. The common law system is known as "the judge makes the law".

(3) The parties have the right to choose a jury to decide the case. Juries are made up of ordinary citizens and decide cases based on common sense. The jury has the power to invalidate the provisions of some statutes, that is to say: the jury decides the case based on common sense and does not stick to specific legal provisions. This makes the lawyer very useful, requiring the lawyer to explain the jury during the argument.

3. The main advantages of the Anglo-American legal system

(1) The law can keep pace with the times, and human development will not be constrained by the outdated laws.

(2) Since there are fewer rules and regulations, it is conducive to innovation.

(3) Conducive to the protection of human rights.

2. The formation and characteristics of the civil law system

1. The formation of the civil law system

Continental law system, also known as civil law system, Roman law system, Roman-Germanic law system. It is a general term for laws developed on the basis of Roman law. It was first produced in continental Europe, and later expanded to Latin and Germanic countries.

2. The main characteristics of the civil law system

(1) Statutory law is the main source of law, and precedents are not binding on court trials. Statutory law, also known as statute law, is a definite provision enacted by the legislature.

(2) The judge decides the case according to the existing legal provisions.

(3) The parties do not have the right to choose a jury to decide the case.

3. The main advantages of the civil law system

(1) The legal provisions are clear and specific, which is conducive to social stability.

(2) It facilitates the unification and concentration of actions, which is beneficial to the national management institutions.

Three, mutual learning between the two major legal systems

1. There are more and more statutory laws in common law countries. Parliament often uses the legislative power to pass some laws. These laws play a direct guiding and regulating role for the public.

2. Countries with civil law systems have also begun to learn from the advantages of common law systems, especially Japan. On May 28, 2004, the "Law Concerning Referees' Participation in Criminal Trials" (referred to as "Judge Law") was promulgated. The grand jury system in the United States has been fully introduced in the field of criminal trials.

1.5.3 Morality and moral conscience

Like law, morality is a code of conduct. Social civilization cannot be separated from the law, let alone moral conscience. Especially in the time and space where evil laws are everywhere, moral conscience is the foundation of social civilization.

In the Anglo-American law system, because the jury or the judge decides right and wrong because the law is not the main one, the boundary between morality and law is not clear, and morality has always been an important source of law. basis for judges.

In the civil law system, the boundary between morality and law is relatively clear. When a certain moral requirement is formulated as a legal requirement by the legislature, the moral requirement becomes a legal requirement. The law is guaranteed by the coercive force of the state, and the morality is guaranteed by people's own moral conscience. Of course, there are also some cases in the civil law system, where morality is directly used as the basis for judging cases. Next, we cite a well-known case in which a country with a civil law system regards moral conscience as a supplement to the law.

Before the fall of the Berlin Wall in Germany, Wall guard Inge Henrich was tried in February 1992 for shooting an East German youth trying to climb over the wall. Both Henrich and his lawyer argued that the guards acted merely to carry out orders and were not guilty. However, Theodore Seidl, the presiding judge, believed: "As a policeman, it is guilty not to carry out the orders of superiors, but it is not guilty if it is not accurate. As a person of sound mind, at this moment, you have a gun. The sovereignty of raising your mouth by one centimeter is a duty of conscience that you should take the initiative to undertake. In this world, there is conscience beyond the law. When the law and conscience conflict, conscience is the highest code of conduct, not the law. Respect for life, It is a principle that applies everywhere." In the end, guard Henrich was sentenced to three and a half years in prison without parole for intentional shooting. The Henrich case has been widely publicized as a case of "the highest standard of conscience", and the sovereignty of "raising one centimeter" has become a duty of conscience that human beings should take the initiative to undertake in the face of bad governance.

The content of morality is also infinitely diverse and all-encompassing. Moreover, morality is different in different times and different spaces. It used to be considered immoral for men to have long hair, but it is not considered so now. In the Middle East, it is considered immoral for women to show their skin in public.

Morality is always dressed in the cloak of justice, but not all morality is justice. The morality that represents justice can be called moral conscience. The ICE8000 system, as a universal standard of behavior for human beings, must provide a universal definition of moral conscience. The following is the definition of ethics in the ICE8000 system.

1. Human moral conscience is the subjective pursuit and maintenance of [human universal values]. In different times and spaces, in addition to correct moral right and wrong judgments, those with a moral conscience are sometimes mistaken for immoral, and the immoral are sometimes mistaken for moral. People should not use [the success or failure of the actor] as the standard of moral right and wrong, nor should they use [the law or state power or customs or the number of people] as the standard of moral right and wrong, but should use [whether the actor violates the universal value of human beings] as a standard of moral right and wrong.

Second, no matter how perfect the law and system are, they are only infinitely close to perfection, but they will never reach perfection. Objectively speaking, there will always be flaws in laws and systems. [Human moral conscience] will make up for the flaws of laws and systems, and enhance the well-being of mankind.

3. The universal value of human beings refers to the value principles that are universally applicable to human beings regardless of time, space, race, beliefs, etc. The principle of evil and reward for meritorious deeds, the principle of good faith, the principle of fairness, justice and openness in the distribution of benefits and dispute handling, etc.

The above content is excerpted from "Introduction to ICE8000 Credit Knowledge" (written by Fang Bangjian, free to use, but please indicate the source)