包容性实证主义法学之分离论研究

On the Separation Thesis in Inclusive Legal Positivism

包容性实证主义法学者认为,法律效力之判准——承认规则能够包容进道德标准而存在,法律与道德之间是一种"可能的""包容"关系。此种理论观点既与否认法律效力判准上存在道德标准束缚的排他性实证主义法学相区别,也与主张法律与道德之间存在必然联系的自然法学相对立。包容性实证主义法学展示了道德包容于法律的另一种可能路径,使法律与道德的可能分离论点得到了进一步说明。

The inclusive legal positivists think that the validity criteria--the convention thesis can be included in moral criteria, proposing that it is the ＂possible＂ ＂inclusion＂ relationship between law and morality. This point makes the difference between inclusive legal positivism and the opinion that there is necessary links between law and morality. It indicates the possible path of including morality in law by expounding the theory of ＂possible＂ ＂inclusion＂ between law and morality, making further proof that there is no necessary links between law and morality.