Author(s)

Weihao Deng ¹

Affiliation(s)

¹ School of Communication, Zhujiang College, South China Agricultural University, Guangzhou, 510900, China

Corresponding Author

Weihao Deng

ABSTRACT

The law needs to obtain moral legitimacy, which is a fundamental judgment of legal philosophy and a necessary condition for the generation of a harmonious legal culture. It is also determined by the special position of moral discourse in the rational structure of human practice. This legitimacy cannot be transformed into the authenticity of knowledge meaning. Its foundation is not some object existing in the form of "reality", but the "ought to be" norm established by the rational subject itself. Based on this, in the democratic legislative process based on appropriate rational assumptions, abstract practical rational subjects transition to equal participation subjects in reality, and formal universal moral norms inject substantive legitimacy with modern characteristics into the empirical legal system.

KEYWORDS

Ethics, Morality, Legislative procedure, Legitimacy

CITE THIS PAPER

Weihao Deng. Investigation about Legitimation to Legislate Morality. Science of Law Journal (2024) Vol. 3: 168-173. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030623.

REFERENCES

[1] Spragens, Thomas A. 2001.  "The Bounds of Civic Morality."  The Responsive Community 11.4 (September 2001): 41-47.
[2] Etzioni, Amitai. 2001. "Lawmaking in a Good Society." The Responsive Community 11.4 (September 2001): 48-54.
[3] Beem, Christopher. 2001. "Can Legislation Solve Our Moral Problems?" The Responsive Community 11.4 (September 2001): 26-33. 
[4] LO Pingcheung, "Freedom at One's Own Peril?" "The Moral Bottom Line of a Free Society", Hong Kong, China: Gido Press, 1997, pp. 64-93.

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