賴雪梅

（1.西南交通大學馬克思主義學院，四川成都630031；2.重慶理工大學思想政治教育學院，重慶400054）

Rearch on the academic basis of Integrating Moral Education and legal education

賴雪梅1，2

（1.西南交通大學馬克思主義學院，四川成都630031；2.重慶理工大學思想政治教育學院，重慶400054）

The"Ideological and moral cultivation and legal basis"curriculum of“05 Program”integrated“the ideological and moral cultivation”course and“l(fā)egal basis”course coming from“98 program”.The Integration have two important reasons：one side is the need for the comprehensive quality of college students.Another side is the deep science association between morality and law：Morality and law having a same source in the level of specification，the identity on the spirit level，internal consistency of the value goal，and the"complementary difference"of their function，which gave"Ideological and moral cultivation and legal basis"curriculum greater degree of science and rationality，but also makesit more effective and attractive.

integration；moral education；legal education；theoretical basis

"Ideological and moral cultivation and legal basis"("base"forshort)course providesa chance for the integration of moral education and legal education in colleges and universities at the new era.However,some causes makeus think where is the deep theoretical basis of the combination of the two----No doubt,which are the close contacts between morals and laws like the two wings of a bird"or the two rounds of a"car",Which have the same root,the common value of the target,and many consistent existing on the function.

一、Morality and law having a same source in the level of specification

Morality and law are two dimensions of the human standard of the world.Each has its inherent evolution logic,but from the meaning of genetics the two dimensions of standard have the same root and source①.even though,it is said that moral is sources of law.As human behavior conscious and self discipline,Morality was born a lot more than law.In theearly people'ssocial life,there have been anumberof ethical and moral figure.Law produced late and in the modern sense, it is the outcome of the nation,so which should appear in the slave society,its origin must include the moral factors and other customs, even religious rituals and so on.Ancient China's first"summer punishment"and the negative influence of the Western Zhou Dynasty "ritual",which all came from morality and etiquette custom evolution. The difference is that law have obtained its independent ideology by the coercive power of the state,whose uniqueness is slowly becoming publicity,and its mandatory also become different from ethical ideology because of backing.In order to facilitate the operation and implementation,the legalization of moral will also refine some of the specific forms of the operation of the specification.It seems that it is farther away from the moral.But substantially,even in today's highly developed civilization,because of the same root and source of moral and legal,they showed more overlap and inclusive.No matter what kind of behavior forbidden and punished by the lega,it is forbidden and condemned by moral usually.No matter what kind of behavior required encouraged by the law,is usually moral’s advocacy and encouragement.

二、Having a certain identity in the spiritual plane

Law is not only the cold system appearance,the emergence and operation of any law is under the guidance of specific spirit,lack of which law’s legality and authority will be questioned about,because the mandatory and authority of law can be protected not only because of state machine as its backing,the deeper reason lies in the law itself contains the moral spirits of the society at that time,that is the dominant value requirements.Only just law on behalf of the social mainstream consciousness and reflection the will of the people can get people’s abidance and faith from the heart.At all times and in all countries,legislators will embody the traditional culture and the mainstream ethical value of the time when developing legislation.All laws,rules and regulations and even the legal system embodies the moral value judgment about legal freedom,fairness and justice,reflects their moral philosophy on pursuit of a rule of ideal law.②The mainstream spirit and consciousness of the society must be taken into consideration when formulating the law,especial the value judgment on good and evil,justice and non justice.

三、Morality and law having internal consistency on the value goal

Morality and law are a product of adjustment the relationship between people when human society developing to a specific historical stage.From the date of its emergence,morality and law have been propelling social harmonious and human free and all-around development and their improvement of quality.No matter how big the difference of the performance,the scope of action,and the functional utility of the two forms,their ultimate point is the same,that is humanbeing isgoal,by concerning caring and respecting for people.

Both as codes of ethics or moral as the tool,or as the purpose of morality,its essence is closely related to human being,occurring due to human,taking human beings as measure and taking the lives and livelihoods of people as point.As Marx said:"the first premise of any human history is undoubtedly the life of individual existence.”③Firstly ispeople’sexistence and society secondly,then there is the morality coordinating and processing human relations.Therefore human being is the cause of moral."Moral Born as a man,but for a man.","losing'artificial'moral is nothing,without'human nature'morality is a dead tool outside the person"④.Man is the subject and object of moral,who is themiddle axle in the ethical operation.Moral’s real ultimate goal is to satisfy everyone’s needs,enhance everyone's interests,and realize each person's happiness.⑤The same to law,order, fairness,justice and freedom are really the purpose of the law,but they are the law’s general,direct significance and surface pursue. There is only one ultimate goal of law,it is same to human rational ethics goal to care for people,"To limit the legislative and executive power in a specific scope by law,so as to enable people occupy the supreme position and safely enjoy of behooved dignity".⑥To meet the needs of people as the subject,law give them the freedom to express and choose the right,For people which is the law’s spiritual cares more important than food.

四、Morality and law having the"comp lementary difference"of their function make unite the two necessary

Morality and law as the different members in the social norms system,the different personality and the way of which are very distinct.But the difference is the one under the"consistency",which can be"complementary",and which can"fit"each other.

The law is rigid that it is enforced by the state,which does not allow any person to have the power and free to choose.The morality affects us is a very subtle way,and save against a rainy day relying on propaganda and education,theoretical instillation and set an example for guide，Combine vigor and suppleness and reach the same goal by different means.The law is the bottom line of morality,and morality is the high standard of law.The law is the bottom line to be ahuman,but the moral guide people to perform good deeds,inspiring,advocating people to help and love each other.So they are corresponding and coordinating each other.Morality is a kind of self regulatory norms,while law belongs to heteronomy norms.People use moral criterion to measure and decide their behavior by themselves consciously and actively.If a person unable to resist the temptation,the defense of moral will be in the fall of danger,and there must be legal’s strong external constraints to strangle the greedy hands.So morality and law can realize treating both the surface and the fundamentals,the internal and external.

REFERENCE：

①Gao Zhao-ming，Moral and law：The two aspects of the monism norm system，a genealogical inquiry，Journal of Southeast University（PHILOSOPHY AND SOCIAL SCIENCE EDITION），2000（01）.

②Li Long，jurisprudence，［M］Beijing：People's court press，2003 edition， page 473rd.

③Marx Engels，selected works of Marx and Engels，Vol.1［M］.Beijing：People'spublishing house，1972：24.

④Zhou Zhong-hua，Yi Xiao-ming，human nature and for humanity：the essential attribute of morality，Journal of realism，2008（01）.

⑤Wang Hai-ming，on the moral purpose，Tianjin social science，2004（01）.

⑥Li Jing-bing，The ultimate aim of law is concern for human，Comparative law study，1991（04）.

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1005-5312（2016）11-0270-02