The historical evolution, ethical implications, and essence of public order and cultivated customs
Abstrak
The relationship between law and morality remains a subject of debate. In contemporary China, the ideal of the rule of law coexists alongside the enduring tradition of moral governance. While the principle of public order and cultivated customs are recognized as a moral-legal norm, its unclear boundaries render its practical application complex. Scholars have engaged in extensive debates regarding its definition, scope and legal applications, but philosophical exploration of its deeper meaning remains limited. Therefore, this paper traces the historical evolution of the principle, outlines its current areas of application, and elucidates its ethical significance and core values. This paper argues that public order and good morals align with the value orientation of the law, manifested through four ethical dimensions: respect, freedom, responsibility and harmony. When collective interests conflict with individual rights, these fundamental values should take precedence. Additionally, this paper offers an important research perspective for the development of modern legal ethics. Submission: 11/7/2025 – Decision: 8/8/2025 - Revision: 30/8/2025 – Publication: 19/9/2025
Topik & Kata Kunci
Penulis (1)
Changyue Kang
Akses Cepat
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Cek di sumber asli →- Tahun Terbit
- 2025
- Sumber Database
- DOAJ
- DOI
- 10.1590/0101-3173.2025.v48.n5.e025149
- Akses
- Open Access ✓