论文部分内容阅读
依法治国 ,然不良之法犹能治国乎 ?此实欲以法治国者之一大难题 ,亦法理界久已有之的论题。于是乎 ,引出何谓良法之问题。良法者 ,正当之法 ,然何以判断法之正当与否 ?本文发难自然法 ,提出寻求良法当以经验和程序为依据。在西方 ,对于自然法思想的批评讨论由来已久 ,可自然法之说却始终魅力犹存。其中必有道理。理念与经验、抽象与具体、实证与程序是否一定要名定昆仲 ,存此废彼 ,颇有讨论之余味。值此法治精神得以宣扬之时势 ,此处文章自有启发探讨之意义
To rule the country according to law, however, still can not rule the country bad law? This desire to rule one of the rule of law is a big problem, but also jurisprudential long been the subject. Ever since, lead to the question of what is good law. Good law, the law of justice, but why the judgments of the legitimate or not? This article issued a natural law, put forward to seek good law should be based on experience and procedures. In the West, the criticism of the idea of natural law has been going on for a long time, but the theory of natural law has always been fascinating. Which must make sense. Concepts and experiences, abstraction and concrete, empirical and procedural must be named Kun, save this waste Peter, quite a discussion of the aftertaste. At this time, the spirit of the rule of law can be proclaimed. The article here has its own inspiration to explore the significance