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长期以来,国内外学界通常将施塔姆勒所弘扬的这套理论归入自然法学的范畴,奉为加世纪著名法治文化现象即自然法复兴运动的主要策源地之一。然而关于施塔姆勒的理论归属及其认定标准并不是完全没有疑问的。本文借助于现代自然法讨论中的几个常见坐标或参照元素,即实定法、道德和正义,通过梳理施塔姆勒对待这些问题或事情的态度,尽可能中立地审视和重构施塔姆勒法哲学的性质、立场、问题意识和建构方法。经研究发现,施塔姆勒虽然秉持着在整个法律世界甄别和落实正义的雄心壮志,但在诸多关节要害处的立场却跟法实证主义者别无二致。
For a long time, scholars at home and abroad usually put this theory advocated by Stammler into the category of natural law and regarded it as one of the main sources of the famous phenomenon of rule of law plus the rejuvenation movement of natural law. However, it is not entirely without question about the theoretical ownership of Stammler and the criteria for its determination. In this paper, with the aid of several common coordinates or reference elements in the discussion of modern natural law, namely, definite law, morality and justice, and by styling Staml’s attitude toward these problems or things, this paper tries to examine and reconstruct Stamm as neutral as possible The Nature, Standpoint, Consciousness of Problems and Constructive Methods of the Philosophy of. The study found that although Stammler upholds the ambition of screening and implementing justice throughout the legal world, the position that holds the key to many joints is the same as that of the positivists.