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? Paper Keywords: the role of legal education Abstract: Educational ethics and laws are the basic norms to regulate various behaviors in school education. From the origin of morality and law, they are interrelated. Educational ethics embodies the consciousness of various behaviors in educational activities, and education is the fundamental guarantee of school education. Only by giving full play to the role of education law and education ethics in education can we ensure the healthy development of education. This paper discusses the relationship between morality and law, the role of education law and educational morality in education, aiming at improving the consciousness of teachers' educational behavior.
I. Definition of concepts
Education law is the general name of a series of legal norms formulated by a certain class or stratum according to the objective needs of certain social development and in order to achieve certain educational purposes. This concept shows the special connotation of the education law, and the specific analysis is as follows:
First of all, it shows the particularity of education law, that is, the educational nature of education law. Education law is determined to achieve a certain educational purpose, the purpose is not law, but education, and its laws are formulated directly or indirectly to cultivate people.
Secondly, it shows that the education law, like other laws and regulations, has the national will and enforceability. Education law ensures the smooth development of educational activities and the effective realization of educational purposes through the coercion of power. Without the coercive power of law, educational legislation becomes meaningless.
Third, it embodies the sociality of education law. As a social norm, education law stipulates people's rights and obligations in education.
Fourthly, it shows that the education law is objective in essence, and the formulation of the education law should not only conform to the laws of education, but also reveal the objective laws of education and serve the development of education.
Morality is a code of conduct by which society adjusts the relationship between people and society by evaluating good and evil, relying on inner ideas, traditional habits and public opinion. Moral education is the concrete embodiment of general moral requirements in educational activities, and it is the sum of the code of conduct that all participants in educational activities must abide by. Due to the diversity of educational activities, according to their roles in educational activities, they can be roughly divided into educators, teachers, students, parents and other social members. Among them, teachers' educational ethics is the core that constitutes and influences educational activities.
Second, look at the relationship between morality and law from their origins.
Morality and law have duality in nature: subjectivity in form and objectivity in content. The subjectivity of form means that both of them are expressed in the form of ideas and belong to a form of social consciousness. The objectivity of content means that as a social norm, neither of them is the product of individual's subjective willfulness, but a reflection of certain social interests. It is the general regulation of life order or public interest that people generally abide by, which reflects the objective requirements of a certain society and also embodies the rights and obligations that individuals should have.
The duality of morality and law leads to the particularity of its utility. First of all, legal norms must show their own characteristics in the form of heteronomy, requiring social individuals to be restricted by them. Secondly, moral norms are more reflected in the subject's self-discipline, through which self-discipline is realized and good behavior is formed.
From the genetic point of view, morality and law are produced together. Freud looked for the origin of morality and law from ancient Greek mythology. He believes that in ancient times, the father monopolized the mother and all the women in the primitive tribe and suppressed all the men by harsh means? Son's sexual instinct, finally one day, the sons could not bear to suppress, United to kill his father and share all his privileges. However, after the repressed desire was vented and satisfied, the sons who killed their father felt deeply guilty. They fought against each other again, and everyone tried to monopolize the rights taken away from their father. In order to repent the crime of killing their father and prevent the two brothers from fighting again, they finally thought of the necessity of concluding a social contract. [ 1]? As a result, the earliest form of social organization appeared, which was produced by suppressing the satisfaction of instinctive desires. They began to recognize each other's applicable obligations and established so-called sacred social institutions. In short, morality and law all come from this? . [2]
Xunzi, a famous thinker in the pre-Qin period in ancient China, said in the Book of Rites:? Where does the ceremony begin? Yue: People are born with desires, desires but not desires. It is an argument not to measure the boundary. Struggle is chaos, and chaos is poverty. The former king hated chaos, so he made etiquette to divide it, in order to increase people's desire and give them hope. If you want something, you don't have to give in to it. The two are at loggerheads, which is the function of courtesy. ? [3] Here? A gift? It refers to the morality and law that adjust the interest relationship between people in social life. In this regard, Engels pointed out more incisively: in the very early stage of social development, it is necessary to use a common rule to summarize the repeated production, distribution and exchange of products every day, and try to make individuals obey the general conditions of production and exchange. This rule was first manifested as habit, and later became law. ? [4] It can be seen that morality and law are objective and inevitable phenomena in the development of human society, which complement each other in social production and people's lives and play their respective social functions.
There are differences and connections between education law and educational ethics, which are mainly manifested in:
First, both are the rules of conduct of national interests and will in education. Belonging to the upper class of society, it is determined by a certain social and economic foundation, which in turn serves the economic foundation. Essentially, the two are the same. For example, Article 14 of China's Compulsory Education Law stipulates that teachers should love education, strive to improve their ideological and professional level, love students and be loyal to their duties. ? [5] Obviously, this legal provision fully conforms to the educational ethics that teachers must follow. Therefore, in the process of education, any act of insulting, scolding or corporal punishment of students is illegal and is not allowed by teachers' morality. Here, the requirements of education law and education morality are completely consistent.
Second, educational ethics plays an important role in promoting the implementation of educational laws. The implementation of some educational laws and regulations in China needs to be promoted to a great extent. Article 60 of higher education stipulates: Students' spare time should be dominated by themselves, except for major activities stipulated by the school. ? Students' personal habits and hobbies shall not be restricted or interfered as long as they do not interfere with the interests of the school and others. ? [6] Here, students' freedom rights are guaranteed. If schools and teachers restrict and interfere with students' free activities, it will violate the education law. However, this rule is not to let students go with the flow. According to the principle of educational ethics, educators have a moral obligation to care about and organize students' extracurricular activities, so as to make their habits and behaviors develop towards a healthy track. It can be seen that educational ethics is an important guarantee for the smooth realization of education law.
Third, the education law has a positive effect on improving educational ethics. The improvement of students' educational morality requires teachers to do in-depth and meticulous ideological work, but the role of education law is undeniable. This is because the education law is a universal and clear educational code of conduct. It tells teachers what to protect, what to oppose, what to do is just, what to do is unfair, what to carry forward and what to discard, which undoubtedly provides a legal basis for the development of educational ethics. In China's education law, there are many aspects related to the field of educational ethics, which has legal basis. The implementation of the education law itself is to advocate educational ethics. What if the teacher wants it? Love students and be loyal to their duties? And other legal provisions are the legalization of educational morality. Judging from the content and practice of China's educational laws and ethics, all acts prohibited by educational laws are condemned by educational ethics, and violating educational laws is violating educational ethics.
Third, the role of education law and education ethics in education.
Education law and education morality are interrelated in the form of heteronomy and self-discipline, and have an impact on the development of education. The essential differences between them make them play different roles in education, mainly in the following aspects.
1. The different situations of education law and education morality determine their different historical fates in education.
First of all, educational morality comes from human beings, and as a moral code of conduct to adjust educational activities, it produces and plays an important role. Whether in a class society or a classless society, educational ethics has always been a code of conduct that people consciously abide by when engaging in educational activities. The difference is that in class society, educational morality is occupied by a certain class and serves the ruling class. Today, with the progress of society and the development of education, the content and scope of educational ethics have also been enriched and developed. It can be seen that the higher the level of social development, the higher people's requirements for educational ethics, and the greater the role of educational ethics in education. Secondly, from the history of education law, we can see that education law came into being after the emergence of private ownership and state, and with the emergence of school education. It is a reflection of the will and interests of a certain class in the field of education, and it has a distinct class nature. With the improvement of modern education system, it has been improved and played an important role. However, with the progress and development of society, education gradually tends to be fair and equal, and the education law and its role will gradually weaken, and its development track is to produce-strengthen-weaken-disappear. At the same time, educational morality has the function of promoting, which makes the education of human society serve a higher level. In communist society, after the death of educational law, educational ethics will still exist and play a greater role, and the content and scope of educational ethics will be enriched and developed unprecedentedly. It can be said that education morality is different from education law, and it is consistent with human society.
2. Education law and education morality have different forms in education.
The form of expression of education law is legal provisions. These legal provisions are contained in normative legal documents related to education, such as laws, regulations and state orders. Its articles, chapters, sections, articles and paragraphs are strictly stipulated. In the educational legal norms, there are clear and accurate provisions on its assumptions, and there is no ambiguity. Its processing part is generally divided into prohibitive norms, mandatory norms and authorized norms. The sanctions section has also been specifically defined, and the boundaries between civil, criminal and sanctions are accurate and clear. In short, educational legal norms are always expressed in formal written language, and their provisions are clear, specific, rigorous and standardized. The manifestation of educational morality is different from that of education law. Generally speaking, it only exists in people's educational consciousness and public opinion, asking people to do what they should and shouldn't do. It is abstract and general, unlike the law, which clearly stipulates the rights and obligations of educational subjects. Its manifestation is mainly ideology. Everyone's educational thoughts and behaviors are formed in a certain society and are restricted by individual activities. This is an invisible restraining force. Educational ethics can be divided into written and unwritten. For example, there is no specific provision on how teachers should take care of students. Teachers' professional ethics and students' code of conduct have specific provisions. However, these provisions belong to the written expression of moral norms rather than educational legal norms. Only the education law promulgated by the national legislature in accordance with legislative procedures has legal nature and universal binding force.
3. The adjustment scope of education law and education ethics in education is different.
In general, the scope of educational ethics is wider than that adjusted by the education law, involving almost all behaviors of educational activities. The education law only needs to adjust some specific educational behaviors of people. In the field of education, most relationships that need to be handled must be adjusted through educational ethics. Any violation of educational laws and regulations will inevitably violate educational ethics at the same time; However, although some behaviors that violate educational ethics are condemned by public opinion, they are not necessarily sanctioned by educational laws. Educational moral obligation is not all educational legal obligation. For example, some teachers engage in business, including teachers' individual behavior and collective behavior. This phenomenon has aroused great public opinion, damaged teachers' professional image and had a negative impact on education. This kind of behavior is contrary to teachers and should be condemned by educational ethics. However, this behavior does not violate education laws and regulations and cannot be used for sanctions.
4. Education law and education morality are realized in different ways in education.
As an important part of the law, the education law, like other laws, has a special compulsion, backed by state rights, and requires everyone to abide by it. All those who violate the education law should also be punished according to the circumstances and legal provisions, and the state power organs should organize their implementation. Educational morality depends on public opinion, people's beliefs, customs and educational strength. Some immoral phenomena and actors in educational activities are often criticized and educated, or morally condemned by public opinion, which urges them to correct their mistakes and form good moral behavior.
References:
[1] Freud. Moses and monotheism are quoted from Xia Weidong. Ethics: Duality and From Heteronomy to Self-discipline [J]. Journal of China Renmin University, 1994, (3).
[2] Selected Works of Marx and Engels (Volume II) [M]. People's Publishing House, 1995.
[3] Xunzi? On ceremony. The complete works of philosophers [M]. Guangdong Education Press, 1998.
[4] Selected Works of Marx and Engels (Volume II) [M] People's Publishing House, 1995.
[5] edited by Qi. A new vision of moral education [M]. Shandong Education Press, 2004.
[6] Dai, Ma Ping. Education [M]. Henan University Press, 1996.3.
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