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  2014, Vol. 44 Issue (1): 147-158    DOI: 10.3785/j.issn.1008-942X.2013.05.281
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Wisdom in Ethics Exemption: A Study Based on Solutions of Ethical and Legal Dilemma in Chinese Ethical Jurisprudence
Zhang Guojun

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Abstract  

Ethics, the primary endogenous relationship as well as the eternal-universal relationship in Chinese tradition, has always been a unique ontological relationship. Originated endogenously, it is thereby distinguished from other social relationships, including legal relationship which derived from the primary relationship and act as the functional relationship. Usually, ethical and legal relationships coexist peacefully. Occasionally, they may collide and contradict with each other, leaving the subjects of duty and their relatives and friends in a dilemma. Such a dilemma may even affect or threaten public order, good customs or people's morals. To deal with the dilemma, Chinese Ethical Jurisprudence came to establish an exemption system. Depending on the emergency and importance of the matter and the person's capacity, a person who is caught between a rock and a hard place may have his legal obligations reduced, exempted, transferred to others, or postponed. Such solutions were proposed in order to provide the person with a leeway or privilege. One may perform his/her ethical roles first, and then fulfill his/her legal obligations, thus resolving the ethical crisis. Furthermore, such solutions may help perform legal obligations, maintain legal relationship, and establish social order. Therefore, ethics and legal relationships become compatible, preserving social order, good customs and morals. The evolving process described above contains great wisdom. Ethics exemption originated from ethical relationship. It provides a concrete system to guarantee the justice of law and to prevent ethical vacuum on legal grounds. Ethics exemption is based on humanity. It protects humanity, maintains legal relationship and guards against irrational behaviors. Ethics exemption respects humanity and all human possibilities, including one's instinct to love their loved ones. It avoids coercive and intrusive demands, and thus protects humanity and all its variations, and prevents dehumanizing and overly-legalizing behaviors. Ethics exemption empathizes with human feelings. Human feelings may be general and universal, or inappropriate. Ethics exemption empathizes with and conforms to universal human feelings, but regulates inappropriate ones. It prevents human nature from endangering ethical relationship, humanity, social order and individual rights.

Key wordsethics exemption      Chinese ethical jurisprudence      ethics      legal relationship      dilemma      public order and good morals      humanity      human feelings     
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Zhang Guojun
Cite this article:   
Zhang Guojun. Wisdom in Ethics Exemption: A Study Based on Solutions of Ethical and Legal Dilemma in Chinese Ethical Jurisprudence[J]. , 2014, 44(1): 147-158.
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https://www.zjujournals.com/soc/EN/10.3785/j.issn.1008-942X.2013.05.281     OR     https://www.zjujournals.com/soc/EN/Y2014/V44/I1/147
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