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在拉伦茨的《法学方法论》中,他对法学中的价值导向问题的思考最终引领了我们认识“事实和价值之分”这一核心问题。但随着我国法学理论的发展,在法学适用时却面对着应然性和实然性两个层面的相对分离的现实,使我们认识到事实和价值的二分不但是法学的入门问题,甚至发展到今天,也是法学乃至人文社会科学研究的最前沿的问题,也是难题。
In Larenz’s “Law Methodology”, his thinking on the value orientation in jurisprudence finally led us to understand the core issue of “the division of facts and values”. However, with the development of the legal theory in our country, when the law is applicable, it is confronted with the reality of the relative separation between the due and the actuality. It makes us realize that the dichotomy of fact and value is not only the entry point of law, To this day, it is also the forefront issue of law and humanities and social sciences research, which is also a problem.