实证主义法学自产生以来就与自然法学争论不休,曾引起学界的广泛讨论和关注,孰优孰劣,至今仍无定论。其焦点在于实证主义法学主张法律是政治统治的工具,是国家制定或认可的规则体系,而自然法学坚持法律的本质在于法律规则所反映的东西,这些东西是来源于理性和良心的道德标准或原则。但却忽视了自然法学和实证主义法学的相互补充性,事实上,它们在历史长河中是融合互动的,这种趋势在当今社会变得更加清晰、明朗。因此,未来自然法学和实证主义法学的发展,应当坚持规则和正义的统一,承认彼此相互依存,有的放矢地融为一体,共同促进法学研究不断迈向前进。 Positivist jurisprudence argues endlessly with natural law since its birth and has aroused widespread discussion and attention in academic circles. The focus is that positivist jurisprudence advocates that law is a tool of political rule and a system of rules formulated or endorsed by the state. Natural law insists that the essence of law lies in the laws and regulations that are reflected in the ethical standards of reason and conscience or in principle. However, it ignores the mutual complementariness of natural law and positivist jurisprudence. In fact, they are intertwined and interactive over a long period of history. Such a trend has become clearer and clearer in today’s society. Therefore, in the future, the development of natural law and positivist jurisprudence should adhere to the unification of rules and justice, recognize each other’s interdependence and aim to integrate with one another to jointly promote the continuous advancement of legal science research.