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法的品性展示着法的使命、尊严和生命,它是不断敞开着的生长过程,也是思想对其不断解蔽的思辨过程。西方法哲学经典理论从各自视角对法的品性的解读呈现出多样化图像,我们可以从中统合出法的品性之“三一”式体系:法的公理品性、共识品性和公器品性。法的公理品性,是人的尊严与生存法则,体现着法的总精神,它是良知与良法之根;法的共识品性,是对法的公理品性的道德信念,体现为公共正义感和民族精神;法的公器品性,是指法对其公理品性的具体确认与强制实现。前两种品性保证了法之良法品质,后一种品性保障了法之效力性能,这三种品性共同构成法的精髓:法是通过道德共识而对自由公理的普遍确认与有效保障之神器。
The character of law reveals the mission, dignity and life of the Fa. It is an ever-growing process of growth and a speculative process by which the thought is constantly unmasked. The classical theory of western legal philosophy shows diversified images from the perspective of their own perspectives. From this, we can unify the “Sany ” system of the character of the law: the axiological character of the law, the consensus character and Male character. The axiom of law is the rule of human dignity and survival, embodying the general spirit of law, which is the root of conscience and good law. The consensus character of law is the moral conviction of the axiom of law, which is embodied as public justice Sense and national spirit; the moral character of law means the concrete affirmation and enforcement of its axiom character. The first two properties ensure the good quality of the law. The latter property protects the effectiveness of the law. These three qualities together form the essence of the law: the general recognition and effective protection of the axiom of freedom through moral consensus Artifact.