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法存在着实然和应然两个领域,这突出地表现在以下三方面:1.实然法与应然法的区分。实然法,顾名思义指的是历史上和现实中实际存在的法。西方的一些法学家还把它叫做实证法(Positive Law)、制定法、意志法和主观法。因为它们能为人们的感觉所证实,是立法者制定的,是人的主观意志的产物和体现。黑格尔把实法叫实定法,因为在他看来,自然法或哲学上的法也是实际存在的,只不过是它未经国家确认因而未能以确定的形式展现在人们的面前罢了。他认为自然法和实定法分别属于法的一个方面,自然法属于法的概念,实定法属于法的定在。法的理念就是它们的统一。应然法与实然法相对应,指的是应该存在但并未真实存在的法,由于它只存在于人们的理想之中,只是表达了人们对法的一种价值追求,因此又叫理想法。
The law exists in both real and deserved, which is prominently manifested in the following three aspects: 1. Differentiation between the law of reality and the law of necessity. Actually, as the name implies, refers to the law that actually exists in history and reality. Some western legalists also call it positive law, formulation law, will law and subjective law. Because they can be confirmed by the people’s feelings, they are made by the legislators and are the product and embodiment of the subjective will of the people. Hegel called the law of solid law because, in his view, natural law or philosophical law actually existed, except that it was not confirmed by the state and therefore could not be revealed to the public in definite form. He believes that natural law and positive law belong respectively to one aspect of law, natural law belongs to the concept of law, and the actual law belongs to the law. The idea of law is their unity. The law should correspond to the real law, referring to the law that should exist but not exist in reality. Because it only exists in people’s ideal, it only expresses a value pursuit of law for people and is also called idealism .