A Human Nature Perspective on Ethical Nature of Family Law
Author:
Affiliation:

Clc Number:

Fund Project:

  • Article
  • |
  • Figures
  • |
  • Metrics
  • |
  • Reference
  • |
  • Related
  • |
  • Cited by
  • |
  • Materials
  • |
  • Comments
    Abstract:

    The Interpretation (the 3rd) of the Marriage Law of P.R.C has been controversial since it was issued so far. The premise to solve this controversial problem is how qualitative analysis and theoretical expatiations can be carried out on the nature of Family Law which is the connotation of its legitimacy. The ethical nature is the nature of Family Law in qualitatively analyzing it either from the category of substance and forms or from the angle of legitimacy of Family Law. It is the key that the study on ethical nature of Family Law is emphasized on the theory of human nature that is the original starting point shared by Family Law and its ethics from a diachronic perspective. The human nature consisted of the animality and characteristics of man which is respectively involved physical and spiritual needs of man can be transformed into marital family ethics by moral evaluation mechanism and then homogenized into regulations of Family Law.

    Reference
    Related
    Cited by
Get Citation

曹贤信.亲属法伦理本质的人性之维——由婚姻法司法解释(三)引发的思考[J].重庆大学学报社会科学版,2013,19(5):126~134

Copy
Share
Article Metrics
  • Abstract:
  • PDF:
  • HTML:
  • Cited by:
History
  • Received:
  • Revised:
  • Adopted:
  • Online: September 17,2013
  • Published: