德国新功利主义法学派的创始人耶林教授,曾将法律与道德的关系问题,形象地比喻为法学研究中的“好望角”。其实,不仅仅是法律与道德之间存在着交错繁杂的关系,法律与政治之间亦是如此错综复杂,而且混乱中很难觅其真实,也鲜有定论或答案。杰弗里·图宾——《纽约客》杂志的职业撰稿人——当代报道美国法律方面天赋极高的记者,在《誓言:奥 Professor Jerlin, the founder of the German new utilitarian school of law, vividly compared the relationship between law and morality to “the Cape of Good Hope” in legal studies. In fact, there is not only a complicated relationship between law and morality, but also an intricate relationship between law and politics. In addition, confusion is hard to find its trueness and there are few definite conclusions or answers. Geoffrey Tubin - Occupation writer for The New Yorker - A talented journalist covering contemporary American law,