论文部分内容阅读
自从美国学者伯尔曼的《法律与宗教》一书传入中国后,法律与信仰问题便成了我国法学界经久不息的话题。赞成者认为我国法治不彰的主要原因就是因为国人缺少对法律的信仰,因此树立对法律的信仰便成为法治建设的当务之急;反对者认为法律信仰根本就是一种臆想,在东西方都不可能实现。但是无论是赞成者还是反对者都既没有仔细考察法律本身的特点以及这些特点与法律信仰的关系,也没有仔细考察人本身的特点以及这些特点与法律信仰的关系。法律自身的某些先天不足使得法律无法享有被信仰的殊荣,然而人自身的某些特点又使得人总是无法与信仰绝缘,所以在法律与人的关联中信仰总是无法被忽略的,人总是在某种信仰的前见中看待法律的,正是人的在法律之外的某种信仰决定着其对待法律的根本态度。
Since the book “Law and Religion” by American scholar Berman, was introduced into China, the issue of law and belief has become an everlasting topic for the jurisprudence of our country. The proponents think that the main reason for the weak rule of law in our country is that people lack the belief in the law. Therefore, establishing the belief in the law becomes the top priority of the rule of law. Opponents argue that the law belief is simply a conjecture that can not be achieved in the east and the west . However, neither the pro or the opponents have studied the characteristics of the law itself and the relationship between these characteristics and the legal belief, nor have they carefully examined the characteristics of the people themselves and the relationship between these characteristics and their legal beliefs. Certain inherent deficiencies of the law make the law can not enjoy the honor of being a believer, but some of the characteristics of the people themselves make people always can not be insulated with the faith, so the law and the people in the relationship of faith can not be ignored, the total Is to look at the law in the foresight of a certain faith, it is the certain belief of a person outside the law that determines the fundamental attitude toward the law.