谈到法律和道德的关系,一般人都认为,法律属于社会制度范畴,道德属于意识形态范畴,都是调整人类行为的规范,两者相辅相成。按照中国古代的说法,就叫做“德主刑辅”、“出礼则入于刑”。这些认识当然不错,但是二者的关系就仅仅如此吗?难道没有道德的法律和法律的道德?也就是说,二者之间有没有更紧密的联系,以至于一者成为另一者的规范?道德的法律不是本文的主旨,本文的主题是要谈法律的道德。法律的道德不仅有,而且很重要。如果不把这个问题搞清楚,后果就很严重。一个无德的法律,不仅不是建设性的力量,反而可 When it comes to the relationship between law and morality, most people think that law belongs to the category of social system and that morality belongs to the category of ideology, all of which regulate the behavior of human beings and complement each other. According to the ancient Chinese saying, it is called “moral punishment”, “gift is entered in criminal”. Of course these understandings are good, but is the relationship between the two purely true? Is there no moral law and legal morality? That is, are there any closer ties between the two so that one becomes the norm of the other? The law of morality is not the essence of this article. The theme of this article is to talk about the morality of law. Legal morality is not only important but also important. If you do not understand this issue, the consequences will be serious. A law without morality is not only not a constructive force, but can instead