Traditional Culture Encyclopedia - Traditional stories - Why should people obey the law?

Why should people obey the law?

Law is the product of the development of social productive forces to a certain stage, while moral evaluation is inherent to the people, and both law and morality are inherited. People's moral standards are constantly changing with the development of the times, and the evaluation standards of France and Germany are also constantly changing. Good law and evil law are different in different times, but was there an evaluation standard that could be used at any time in the past? For thousands of years, people have thought that "all virtues and filial piety are the first, and all evils are the first". Is this a standard of a period or a standard that has always existed? No one can say clearly, but I think there is such a simple standard to evaluate "what is justice", but the evaluation standard of justice is different for everyone. Legal positivism completely excludes the restriction and evaluation of morality on law. It deduces the law with very strict logic, which is typical of the school of conceptual law in the19th century. It is the product of the industrial revolution in the19th century and is closely related to the development of self-cognitive science in that era. People are eager to use a model similar to formulas and theorems to deduce the law and explain the emergence of the law, hoping to realize the success of technological innovation in the industrial revolution with the help of legal concepts. However, they assume an ideal state, that is, the law is not secret, but will be judged by the public, without considering the instability and lag of the law. People's understanding and observance of this law will also produce a mechanical application psychology, which will easily lead to "strict adherence" to "evil laws". The implementation of Nazi genocide law during World War II was the peak of the development of mechanical compliance with national laws. The Nuremberg trial after the war made people deeply reflect on the illegality of evil laws, and the school of natural law seems to have returned to "spring".

People's compliance with the law comes from the actual benefits that most people can get from their recognition, acceptance and compliance with the law.

How to understand this sentence? (a) the law is a tool to adjust the interests of all social strata, and it is the most important tool for the ruling class to adjust the ruling order. Although there has been "ruling the country with Confucianism" in the history of our country, Confucianism is more prominent in law. From the era of Emperor Wu of the Han Dynasty to the Tang Dynasty, Confucianism gradually penetrated into the law, and the code of the feudal dynasty became a code of Confucianism and law. Legal thought is passed down through Confucianism. Everyone has an evaluation of justice, but due to various factors, everyone's standards of justice cannot be exactly the same. The same part between them can be the simplest standard to evaluate justice, which is gradually formed in society and almost unchanged. The simplest standard is moral evaluation, which is passed down through the integration of Confucianism, Taoism and Buddhism and the continuous education of rulers. It is a general and vague concept, including the concepts of benevolence, righteousness, courtesy, wisdom and faith. Most people judge the law by the morality formed by society for a long time. Except for a few cases, most laws cannot deviate too much from moral evaluation, and the general public can psychologically recognize and accept them.

(2) About the benefits gained by observing the law. As we all know, obeying the law can get legal protection and legitimate "interests", which is a positive interest. At the same time, it is not an interest to abide by laws, such as criminal law, and avoid being investigated for legal responsibility, but this interest is not as visible as the former one, and it is relative to positive interests.