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古往今来,道德与法律作为调整人们权利义务关系的社会规范,伴随着人类社会从野蛮逐步走向文明。尽管道德与法律在调整人们行为的手段上存在诸多的不同,但在大多数情况下,二者在作用发挥上是相互促进、互为补充的,但在实践中,彼此发生冲突的情况也时有发生。如果说道德是唤醒人们心中的那份良善,法律就是震慑人们心中的恶念,而处理好两者之间的关系对我国法治社会的现代化建设举足轻重。关于法律与道德关系的论证存在着丰富的理论渊源,在本文中,笔者将以古典自然法学派与分析法学派的论战的解读为视角,通过将国内外理论界关于法律与道德关系的不同观点进行阐述,在总结的基础上提出一些可行性建议。
Throughout the ages, morality and law as social norms to adjust people’s rights and obligations along with the gradual transition of human society from civilization to civilization. Although there are many differences in the ways in which morality and law regulate people’s behavior, in most cases, the two play a role of complementarity and complementarity with each other in their functions. In practice, however, situations in which they conflict each other Have happened. If morality is to awaken the goodness in people’s minds, the law is to deter evil thoughts in people’s minds, and handling the relationship between the two is of decisive importance to the modernization of our country under the rule of law. There is a rich theoretical origin in the argument about the relationship between law and morality. In this paper, I will take the interpretation of the debate between classical natural law school and analytical school as the angle of view. By comparing the domestic and foreign theoretical circles’ different viewpoints on the relationship between law and morality To elaborate on the basis of the summary put forward some feasible suggestions.