法律是一种社会现象,像其他事物或现象一样,对其既可以作事实判断,也可作价值判断,故在法学研究上有了应然法和实然法的区分。顾名思义,前者着重于法律应该是怎样的问题,而后者则指实际存在的法的状况。“恶法非法”、“恶法亦法”则是对两者研究后得出的截然相反的结论。 Law is a kind of social phenomenon. Like other things and phenomena, it can make factual judgment and value judgment. Therefore, there is a distinction between the proper law and the de jure law in the study of law. As the name suggests, the former focuses on what the law should be and the latter refers to the status of the law that actually exists. “Evil Law ”, “Evil Law is also ” is the opposite conclusion drawn after the study of the two.