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朗·富勒是二战后兴起的新自然法学派的杰出代表。他所推崇的新自然法学虽然继承了西方传统的世俗自然法思想的理性传统,但又独树一帜,他不但认为法律与道德是不可以分开的,而且认为法律自身必须由八项法治原则作为其支撑,这八项法治原则就是使法律成为可能的“内在道德”。本文在此基础上阐述了富勒提出的两种道德与法律的关系,进一步探讨他提出法律内在道德的历史背景和现实诱因,最后论述法律的内在道德对我国法治社会建设的意义。
Long Fuller is an outstanding representative of the new natural law school that emerged after World War II. Although he inherits the rational tradition of Western traditional secular natural law thought, he is unique in his view of the new natural law. He not only holds that law and morality can not be separated, but also that the law itself must be supported by the eight principles of the rule of law. The eight principles of the rule of law are laws that make it possible “inner moral ”. On the basis of this, this paper elaborates on the relationship between the two morals and laws proposed by Fuller and further discusses his historical background and realistic incentives for putting forth the inner law of law. Finally, it expounds the significance of the inner law of law to the construction of a society ruled by law.