Traditional Culture Encyclopedia - Traditional customs - What is the difference between morality and law

What is the difference between morality and law

Law is based on the value of morality as the basis for the generation of more coercive social norms, so in the legal process, legislation and justice can promote or inhibit the role of social morality. And morality is also value-based, theoretical basis, the identity of the social basis in the legislative and judicial process, and constantly influence, guiding the direction of the operation of the law, so that the two interact with each other, interaction.

Morality is a concept, a custom, a habit, from the primitive society, people live in the blood relations based on the clan society, the clan members mainly rely on the adjustment of customs and habits, from the distribution of food to the conclusion of the marriage, are reflected in the positive role of customs and habits. However, with the complexity of social life, social relations have become complicated, and it is no longer possible to rely solely on customs and habits to fully adjust, and thus morality arose. Therefore, morality does not originate from people's hearts in the abstract, let alone from religious theology, but on a certain material basis.

The connection and difference between law and morality are as follows:

The connection between law and morality:

1. Both belong to the superstructure, and both are determined by a certain economic base.

2. Law is the bottom line of morality, the lowest requirement.

3, both play a unique and irreplaceable role in social governance.

The difference between law and morality:

1, the time of emergence is different. Law is with the emergence of the state and the emergence of the state, there is no law; morality is the spontaneous evolution of social life and the formation.

2, the structure is different. The law has a very strong, while the law is only the minimum requirements for people.

3, the content is different. The content of the law emphasizes the unity of rights and obligations; while the content of morality often emphasizes only obligations.

4, different means of protection. The guarantee force of the law mainly relies on the state coercive force; moral guarantee mainly rely on people's inner compliance and evaluation of public opinion.

Legal Basis:

The Legislative Law of the People's Republic of China

Article 7

The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State. The National People's Congress enacts and amends criminal, civil, state institutional and other basic laws.

The Standing Committee of the National People's Congress enacts and amends laws other than those which should be enacted by the National People's Congress; when the National People's Congress is not in session, it makes some additions to and amendments of laws enacted by the National People's Congress, provided that they do not conflict with the basic principles of the law.