LAW: MEASUREMENT OF THE LEADERS' ETHICS

14/ 06/ 2022

 

The process of forming democratic institutions, viewed from a global perspective, has always been accompanied by a severe critique of political practice. The rapid changes in the United States after 1985 have aroused public interest in the question of the relationship between politics and morality. Before 1985 criticism of the lack of democracy was often directed towards the (former) Soviet Union and Eastern European countries, but after 1992 that criticism turned to the democratic institution itself in the United States. Leaders in today's world are often the target of criticism based on two diametrically opposed sets of standards: on the one hand, they must satisfy a morally perfect and virtually unattainable ideal. is possible for an ordinary person, but on the other hand, the masses also require a leader with a high sense of reality and work with the highest efficiency and productivity. If one wants to be a fully moral saint, a leader falls into a state of complete uncertainty and often becomes conservative and narrow-minded. Of course, the lack of or ethical judgment is entirely within the subjective scope of the leader and may not necessarily be consistent with reality.

But this does not result in the end justifying the means by means: a leader who is both virtuous and capable is not a contradiction. The case of former Prime Minister Lee Kuan Yew in Singapore and Prime Minister Zhu Rongji in China are two typical examples in the modern world. But how ethical is the leader's morality, morality according to the Confucian model (such as ancient China), or morality according to the Christian model (such as medieval Europe), or according to the model of morality? Buddhist model (Sri Lanka, India under King Asoka, Burma under U Nu..), or morality following the Enlightenment model after the French Revolution? If one accepts and chooses one of the above models, the leader will immediately fall into the opposition of groups that support other ethical systems.

What is the law? How to understand morality?

The law includes the following basic points:

(1) human rights as recognized in the constitution;

(2) the legal system (civil law, criminal law, procedural law) to express and protect basic human rights in specific and specific circumstances;

(3) political institutions for the expression and protection of human rights as a citizen (National Assembly and other elected bodies).

What are human rights or human rights? Scholars often start by going back to the concept of human nature and use that as the basis for arguing for the concept of "human rights". In fact, fundamental human rights arose from a traumatic experience of a destructive nature and their early proponents wanted to assert that a similar experience cannot be repeated. A Russian philosopher, Vladimir Solovyov writes: "The task of the law is not to turn this terrible world into the kingdom of God, its task is to prevent this world from falling into hell ahead of time. "Human rights don't come from an abstract ideal or philosophy. They come from the realization that: "Things like that should never happen again."

Ethics includes requirements of an unconditional nature, and is not aimed at satisfying personal needs, but towards obligations or obligations to be performed at the expense of personal interests. For example, when helping the poor but still haggling, calculating benefits and harms, the moral foundation of that behavior no longer exists. This is, of course, a Kantian definition, but we accept it because of its absolute nature.

Law is the only institutional means to prevent the world from falling into "hell" by affirming and protecting basic human rights. It is naive to think that people all over the world will be perfected and united in a dream of universal democracy, but that humanity can still work together to prevent the world from falling apart. fell into chaos and disbandment due to lack of legal glue. In practice this means that the democratization of political institutions must go hand in hand with the legalization of power structures. The contribution of the press in promoting these two parallel processes has an important mission: to remind everyone that the law is the moral barometer of a leader.

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