从命令到权威——读《法理学的范围》

From the Command To the Authority——After Reading The Scope of Legal Philosophy

从学术敏感度的视角来看，奥斯丁的“命令说”，相对于那些针对此学说展开批评的评论家们的理论，还是毫不逊色的。无论从认识论意义上还是从本体论意义上讲，法律都无法摆脱道德的“纠缠”。如果固执地生拉硬扯地去单独认识他们中的一个，答案将不是完整的。奥斯丁的“法律命令说”以及“恶法亦法”的思想，毫无疑问锤炼了人们对法律的权威性的尊崇。这一学术贡献也是对西方思想传统中延续了两千多年的价值一元论的继承。

Osting＇s command-theory is equally important to the theory of those critics who are criticizing on the former, if at the angle view of the academic sensitivity. The law can＇t free itself from the entanglement of morality, no matter what from theory of knowledge or ontology. The answer will not be satisfactory, if simply understand either of them stubbornly. Osting＇s law-command theory and its thought that bad-law also is law has been absolutely strengthened the authority of law. And this contribution also follow after the single-value theory of western thoughts which had been lasted for two thousand years.