论文部分内容阅读
法律与道德的关系一直是实证主义法学派与自然主义法学派争论的焦点。实证主义主张法律由人制定、创造或由人类社会产生,强调在研究法律时应该价值中立,客观分析问题,坚守分离命题——法概念中不包含道德因素。而这一理论建构一直为自然法学派所诟病,自然法学派认为法与道德息息相关,并以道德为基础,违背道德的法不能被人民遵守。
The relationship between law and morality has always been the focus of controversy between the schools of positivism and the law of naturalism. Positivism argues that law is formulated, created or produced by human society. It emphasizes that when studying law, it should be value neutral, objectively analyze the problem, and stick to the separation proposition - the concept of law does not contain moral factors. The construction of this theory has always been criticized by the natural law school. The natural law school holds that law is closely linked with morality and based on morality. The law that violates morality can not be observed by the people.