Why the law is constitutional, instead of "social morality"; Faith ethics under the supervision of the "constitution" is what? The Constitution requires the state power, maintain guarantee; The universal values of the individual is not "universal" constitution "universal philosophy" "universal belief";
The law is not moral superstructure, nor the cultural superstructureBuilding.The law is Puyo behavior constraint between individuals have the ability to maintain their own individual interests in the society, but also because of the common strength maintaining the social individual, the rule of law and constitution.Today is Chinese familiar "law is the moral of the superstructure theory", but since the beginning of Greece and Rome, the Christian has been left to the Marx doctrine, and Confucianism Ancient Chinese Literature Search etc, are all these things of culture to accept the "legal knowledge",It is called "natural law, customary law", in fact is wrongThe.
So-called.The law is the moral (or sth
else) of the superstructure", which refers to such a concept: the law is the essence of a more general basis generally accepted the idea; and mandatory; and the idea of general these fundamental is condemned, not mandatory; law derived from this come very naturally" basic concepts ", and subject to the constraints and correction act according to circumstances.If the bad guys against sin a great anger, guilt and nine college students, drugs kill, just like they did.These basic ideas, often referred to as the morality.
BecauseTraditional culture is almost all social structure and moral state"The law is, for moral or
sth superstructure", and "social morality", "modern people lack faith" such ideas coincide.Even if is such classical rule in Rome and American founding,The rule of law in accordance with the Philosophy (Philosophy of law),Also some "as the basis for interpretation of the law of the broad and profound", which will be the legal authority to firmly grasp in the hands of the few, the other must abide by the laws of the people, be a few people and livestock.
Therefore, a country's constitution while relying on the country's culture, but it must be through the country's voters by inheritance; the maximization of individual interests of the voters of contract,Constitute the common interests of the Pareto product, the country's constitution as its constitution, amendment to the constitution, as its correction.Such a constitution, impossible without other cultureIndividual benefit auditPreviously, it can be used as a universal constitution, or equivalent to a "broad and profound philosophy".So the individual value of universal values, there can be no "universal culture, universal philosophy, universal constitution".
The constitution authority also lies in the national power system, is willing to work for the understanding of the constitution to.The same constitution, even in different periods of the same country, due to the maintenance of the understanding is different, also has different explanation.As American when the founding of the declaration of independence and the first draft, is the embodiment of the "local individual" power, otherwise there is no independent at all, or at least "played the Atlantic, unified all over the UK, must liberate britain".But to the Jackson - > Lincoln period became the national constitution.
"The federal is freedom, freedom is the federal, who dare to secede hanged himself who", D. Senator Webster be savage and absurd philosophy, won acclaim Mantang fans, asAmerica civil war at top speed.Thus, the constitution is not a magic book, but a string for interpretation of the text, explain the strength, depends on the maintenance of constitutional interpretation of the power of the people.Do you realize thatThe Constitution (Law) is essentially a social public to maintenance contractThe minimum conditions, is a democratic, free minimal assurance.