法律与道德这对既对立又统一的概念,从法律产生的那一天起,对于两者关系的探讨就从未停止过。两者同为社会行为规范,虽在适用范围以及强制力等方面存在诸多不同,但不可否认两者在某些方面存在一致性。法律作为最低限度的道德,可以借助某些原则性的法律条文,譬如民法上的善良风俗原则,将某些善良道德引入私法领域,以借助道德更好地规制民事法律行为。无形之中,这些原则性条款充当起法律与道德的转介工具,使法律与道德在某种程度上融贯起来,打破法律的封闭性,实现法律的开放性。 Law and morality are concepts that are both opposite and unified. From the day when law came into existence, the discussion on the relationship between the two never ceased. Both are social norms, although there are many differences in the scope of application and coercion, but it is undeniable that there is some consistency in some aspects. As a minimum moral law, the law can bring some good morality into the field of private law by virtue of certain principled laws, such as the principle of good customs and practices in civil law, so as to better regulate the civil legal acts through morality. Intuitively, these principled provisions serve as a referral tool for law and morality, bringing law and morality together to a certain extent, breaking the law’s closedness and opening up the law.