论文部分内容阅读
西方法理学的发展主线之一,是以自然法为代表的人本主义和以实证主义法学为代表的科学主义的对立和斗争。人文因素与科学因素在现代法律中存在着互补关系。法学的学科定位在于实践的人文科学。西方法治现代性的出路在于实现人文与科学的、具体和历史的统一。中国法治现代化建设的经验教训在于“技”之不足,伤及大“义”。建设社会主义法治国家需要新的实在法体系,更需要新的自然法精神。
The development of western jurisprudence is one of the main lines of development, which is the confrontation and struggle between humanism represented by natural law and scientism represented by positivist jurisprudence. There are complementary relations between human factors and scientific factors in modern law. The discipline of law is located in the practice of humanities. The way out of the modernity of Western law and order lies in the realization of the unity of the humanities and sciences, both concrete and historical. The lessons learned from the modernization of the rule of law in China lie in the lack of “technology” and the injury to the great “righteousness.” The construction of a socialist country ruled by law requires a new system of substantive law and a new spirit of natural law.