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自然法思想与法实证主义的较量,渊源甚久,“恶法亦法”与“恶法非法”之争论,亦纷繁无休。通过自然法思想中正义与公平的精神内涵与道德属性,汇通古今,融贯东西,此本文之旨趣。真正实现法律的目的:即维护社会秩序,实现公平正义。也正因自然法中正义准则的普遍性,使其具备反思法既定性与安定性的品质,为近现代法治之理念建构与制度维护提供资源。
The debate over the conceptions of natural law and the positivism has a long history, and the controversy between the “evil law and the law” and the “illegal” law is endless. Through the spiritual connotation and moral attributes of justice and fairness in the thought of natural law, Huitong’s ancient and modern articles and the essence of this article are summarized. The real purpose of the law: that is, to maintain social order and achieve fairness and justice. It is also because of the universality of the norm of justice in the natural law that it has the qualities of the established and the stable of the reflective law and provides the resources for the concept construction and system maintenance of the modern law.