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“洞穴奇案”是法理学家富勒在《哈佛法学评论》上发表的假想公案,一度成为西方法学院学生必读文本。十四位法官的判决书,从不同角度剖析了困扰古今哲人的一系列法哲学问题:面对法律,道德,公义,人情的冲突,该如何抉择?深入浅出的辩解犹如一桌法哲学盛宴,带给读者精彩动人的深邃思辨。文章尝试以法律的两大追求目标——秩序与正义的关系为切入点,进而论证出法律应为人们所确信,应合乎人性,从新的角度思索洞穴奇案的判决。
“Caverns ” is a fictional case published by the theoretician Fuller in the Harvard Law Review, which became a must-read text for western law schools. The judgments of fourteen judges have analyzed a series of problems in legal philosophy that disturbs philosophers of ancient and modern China from different perspectives: How to choose from the conflicts of law, morality, justice and human nature? Wonderful and moving to the reader deep speculation. The article attempts to take the law as the two objectives of the pursuit - the relationship between order and justice as the starting point, and then proves that the law should be convinced that people should be consistent with human nature, from a new perspective caves decision.