超验正义与西方法理学

The Relation between Transcendent Justice and Occidental Jurisprudence

法学是正义之学。然而何为正义?正义的标准是什么?正是由于正义的标准缺乏严格的实证性和易变性,所有法学理论,不管赞成还是反对以正义作为法的评价标准或法与正义的关系,都得以正义为出发点,来构筑其理论体系。因此,从这种意义上可以说超验正义衍生了西方法理学,西方法理学中的所有不同观点均可从超验正义出发求得其思想渊源的起点。

The science of law is science of justice, but what is justice? What is the standard of justice? Because the standard of justice lacks rigid characteristic of positiveness and its meaning easy changes when the era changed, so every theory of science of law, either agreed or oppose that justice is looked on as the standard of evaluating good or evil law, or the relation between law and justice, will have to found their system of theory of law based on it. for this reason, we can say the Occidental jurisprudence is derived from transcendent justice. Every occidental different viewpoint of theory of law can be found the starting point of source of theory of law.