导论自然法理论并不是我们时代的宠儿。学者们甚至很少愿意再花时间去批评各种各样的自然法学。霍布斯、边沁、凯尔森等人早已经对“自然法”大加鞭挞,至少看上去,他们的批评已经足以让现代人一劳永逸地抛弃自然法,转而拥抱更为开明、精致、现实的理论。这些都是伟大的理论家,所以我们心甘情愿地把他们对自然法和自然法学的理解奉若圭臬,当作信条接受下来,没有想过去反思他们对自然法的批判是否有理有据。我们当中的许多人,恰恰也是从最近两百年对自然法理论的批 Introduction The theory of natural law is not the darling of our time. Scholars are seldom even willing to spend time criticizing various natural law jurisprudence. Hobbes, Bentham, Kelsen and others have long been vilifying the “natural law”, at least it seems that their criticisms are enough to allow the modern people to abandon the natural law once and for all, and instead embrace a more enlightened, Exquisite, realistic theory. These are great theorists. Therefore, we are willing to accept their understanding of natural law and natural jurisprudence as creed and accept it as creed. We did not think that we should reflect on whether their critique of natural law is justified or not. Many of us, precisely from the last two hundred years, criticized the theory of natural law