法与道德的关系——兼论“以德治国”的学理基础

Relationship Between Law and Morality: On the Theoretical Basis of "Rule of Virtue"

法与道德的关系是法哲学的基本问题之一,也是伦理学、政治学要研究的重要问题,从西方法哲学史及其近现代转型的过程、它们的区别与联系、冲突或难题等方面来梳理二者比较基础性的关系,是进一步与深层次探究二者关系的基础,也是正确理解和认识“以德治国”及其合理性的学理基础。

The relationship the between the law and the morality is one of the basic problems in the philosophy of law and is also important for ethics and politics. Researching into their basic relationship from the history and the transform of western philosophy of law,from the differences and relations, conflicts and contradictions between the law and the morality are the basic work to further study and the theoretical basement to understand the rationality of 'rule of virtue'.