对平等与身份的法社会学分析

The Equality and Status in the View of Sociology of Law

古代社会是以身份为基础的,人们却始终没有停止对平等的追求;现代社会是建立在平等基础之上的,人们却常常忽视甚至讳言身份。其实平等与身份是如影随行、对立统一的两种价值,它们各自身分都要以对方为存在的条件,并以对方为自己的坐标。平等与身分的价值冲突与协调,是现代法律与法学必须正视与深思的重大问题。

The ancient society based on the status,people had never ceased to pursue with equality;the modern society based on the equality,people frequently overlook or even dare not speak up the status. In fact, the equality and the status are two values which are very closely associated with each other and a unity of opposites. They are interdependent of each other and one of them takes the counter as the coordinate of itself. The conflict and the harmonization of the values between the equality and the status are the great problems that the contemporary laws and the science of law have to face and ponder over.