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法律与道德的关系问题是千百年来无数中外思想家期盼破解的难题,与之相伴的是,如何考量法律的正义或不义、法律赖以存在的合法性的依据是什么、道德能否对法律进行审视等问题。对此问题的不同回答形成了当代实证法学派和自然法学派两大阵营。赫伯特·哈特被誉为当代新分析实证主义法学派的代表人物,他的最大贡献就表现在对传统实证主义法学的超越和在与新自然法学派的论战中提出的法律与道德相对分离的主张,并形成了自己独特的法律正义观。
The question of the relationship between law and morality is the difficult problem that countless thinkers in home and abroad have hoped for for thousands of years. The concomitant issue is how to consider the law’s justice or injustice, what is the basis for the law’s existence, Examining the law and other issues. Different answers to this question formed the two major camps of contemporary positive law school and natural law school. Herbert Hart was hailed as the representative of the contemporary school of new analytical positivist jurisprudence. His greatest contribution was manifested in the transcendence of the traditional positivist jurisprudence and the law and morality raised in the polemics of the new naturalist school Separation of ideas, and formed its own unique concept of legal justice.