The "True (Real) And False (Fake)","Good And Evil" And Legality Of Social Reality

In human society,the relaition between “true(real)” and “false(fake)”,“good”and “evil” reflects as legality evaluation in law,the law usually corresponds“true(real)” to “good” and evaluates it as legality,corresponds “false(fake)” to “evil”and evaluates it as illegality,protects “true(real)” and cracks down “false(fake)”,seeks “good” and opposes “evil”.The things and phenomenon that regulated by law have “true(real)” and “false(fake)”,“good” and “evil”,they can be included in the conception of “Social Reality”.The social reality are constructed because of human needs.The human has multilevel and many kind of needs.The most primitive needs can be satisfied by the nature things,but when the society developed to certain stage,when the simple and primitive needs had been satisfied,the higher level needs appeared in succession,those needs can not be satisfied by the nature things,so people remake the nature things,invent and create or construct new man-made things to satisfy the higher level needs,those man-made things are social reality,and they constitute the foundation of the life-world.The constitute elements of social reality include brute physical reality,the structure-functions and status-functions,human intentionality,the constitutive rules and regulative rules.Since the social reality constructed by human beings,they have the “true(real)”and “false(fake)”,“good” and “evil”.The things in human world can be divided into natural things and man-made things(social reality),the natural things have no“true(real)” and “false(fake)”,the man-made things(social reality)can be “true(real)”or “false(fake)”.The “true(real)” of social reality means the social reality is constructed according to the constitute elements strictly,namely,the social reality accord with the constitute elements.The “false(fake)” of the social reality means it lacks any or more than one of the constitute elements.The “good” of the social reality means that because the social reality accord with the constitute elements,as the fruit of people's wisdom,the social reality has intrinsic good,and as the instrument to realize interests and satisfy the needs,the social reality has instrumental good,and as promote the development of human society,the social reality has common good.The“evil” of the social reality means that because the social reality doesn't accord with the constitute elements and of no value,the social reality has intrinsic evil,and as it doesn't have the proper function,doesn't satisfy the needs,harm people's interests,the social reality has instrumental evil,and as it unable to promote the development and progress of human society,even serious harm,the social reality has resultant evil.Between the “true(real)” and “false(fake)”,the “good” and “evil”,there has normal and exceptional linkages.In normal situation,the “true(real)” of social reality correspond to “good”,the “false(fake)” of social reality correspond to “evil”,in exceptional situation,the “true(real)” of social reality correspond to “evil”,the“false(fake)” of social reality correspond to “good”.The human society is a society that full of interests,the interests are formed on the basis of human needs,the satisfaction of needs enables the realization of interests.The social reality has subject-dependent attributes and a variety of functions,they increased the capacity for human activity,broadened the scope of human activity,to enable people to do things that they could not otherwise have done,can satisfy people's needs and realize the interests,namely,the social reality can be used as instruments to pursuit and realize interests.As the satisfiers,the social reality is the entity that carries the interests.But as it is used in different ways,the interests it produced are as different as chalk and cheese,some interests are Right but some are Wrong.This difference depends on the instruments or means.The Right must be good,namely,the instruments to pursuit and realize interests must have intrinsic good,instrumental good and common good.The basis of Right interests,namely,the needs must be universalizable,and during the realization of interests,the interests of anyone else should not be harmed,and improving the interests of the whole society.Only accord with these standards,the interests which the social reality produced are Right.But at the same time,the interests which the social reality produced also can be Wrong,when the social reality is “false(fake)”,and as the instruments that harm others to benefit oneself and cause serious damage to society.The interaction of subjects on the basis of social reality forms the relationship of social interests,in adjusting the interests of social reality,to protect the needs and interests of subjects,the law has the purpose of “cracking down false(fake)and protecting true(real)” and “punishing the evil and promoting the good”.The legality evaluation to “true(real)” and “false(fake)”,“good” and “evil” in law is the derivation from “what facts are” of social reality to “what ought to”,the “what facts are” is factual property of social reality,the “what ought to” is evaluation on the law.The evaluation process from the “true(real)” and “false(fake)”,“good” and “evil” of social reality to the legality can be expressed as follows: from the “true(real)” and“false(fake)” property of the social reality to the “good” and “evil” property of the social reality,then to the “Right” or “Wrong” of the interests which the social reality produced,finally to the “legality” or “illegality” evaluation of social reality on law.Firstly,the “true(real)” and “false(fake)” property is the factual property of social reality,from the “true(real)” and “false(fake)” property can get the “good” and “evil”property of the social reality,the connection point is the satisfaction or dissatisfaction of the needs of human.Secondly,from the “good” and “evil” property of social reality can get “Right” or “Wrong” of the interests,because of intrinsic good,instrumental good and common good of social reality.Thirdly,from the “Right” or “Wrong” of interests which the social reality produced can get the “legality” or “illegality”evaluation in law,because the “Right” has positive value,the law “ought to” approve and protect it;and the “Wrong” has negative value,so the law “ought to” deny and punish it.In this legality evaluation,the normal situation is “true(real)” correspond to“good”,it is evaluated as legal,and “false(fake)” correspond to “evil”,it is evaluated as illegal;exceptional situation is “true(real)” correspond to “evil”,it is evaluated as illegal,and “false(fake)” correspond to “good”,it is evaluated as legal.Besides,the legality evaluation of “true(real)” and “false(fake)”,“good” and “evil” of social reality in law needs the means of the “inverted explanation”,namely the “true(real)”and “false(fake)”,“good” and “evil” property can make difference in practice,and the purpose of law is to guarantee the existence and development of human society,promoting the overall interests of mankind,to realize that purpose,the law ought to get rid of the “false(fake)”,pursuit the “true(real)”,promote the “good” and punish the “evil”,this can be summed up as “Cracking down false(fake)and protecting true(real)” and “Punishing the evil and promoting the good”.Lastly,the legality evaluation of social reality must be universalizability,based on universalization needs and interests,the legality or illegality evaluation are valid under the same circumstances.