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实证法批评近代自然法的主观任性,在这一点上黑格尔对实证法持肯定态度。但是黑格尔并未止步于实定,而是进一步批判了实证法自身的缺陷。黑格尔认为实证法具有严重缺陷,其缺陷不仅在于没有体现在价值理性与价值立场,还在于其自诩的自足的技术并不自足,其适用范围也受到限制。黑格尔坚持了价值立场,全面讨论了实证法的不足,加深了我们对技术理性的认识,但其思想闪光点常却因为非形而上学的时代受到了遗弃。
Positivism criticizes the subjective self-determination of modern natural law, and Hegel at this point holds a positive attitude toward positive law. However, Hegel did not stop at reality but further criticized the deficiencies of the positive law itself. Hegel argues that positivist law has serious flaws. Its flaws lie not only in its lack of value rationality and value but also in its self-contained technology of self-sufficiency and its limited scope of application. Hegel insisted on the value position, comprehensively discussed the deficiency of positive law and deepened our understanding of technical rationality. However, his ideological flare was discarded because of the non-metaphysical era.