道德法律化研究述评

A Review of Studies on Legalization of Morality

20世纪中后期以来的道德法律化研究是一个道德法律化概念的形成与发展阶段。在概念形成阶段,主要有五种观点,它们的表述虽有不同,但是都揭示了中国传统法律文化的重要特点——道德法律化;在概念发展阶段,主要涉及道德法律化新概念、道德法律化的实现方式、道德法律化的可能性、道德法律化的作用、道德法律化的局限和困境、道德法律化的界限等六个方面的讨论。学者们在"道德"与"法律"的认识上存在分歧,要整合两个阶段的研究必须认识到"道德""、法律"是在发展的,对两个阶段的研究整合的意义是人的生存状态的变化。

Studies on the legalization of morality since the mid-late 20th century is a stage when this concept was shaping and developing. In its shaping stage, five kinds of viewpoints, despite their different terms, basically all expressed the very important feature of the traditional Chinese law culture, that is, the legalization of morality. In its developing stage, six problems were under discussion such as this new concept of the legalization of morality, its realizing mode, the possibility, its functions and limitations, its predicament and boundary. There existed the disagreement among researchers in understanding ＂morality＂ and ＂law＂, and it is necessary to integrate the studied on these two stages through fully realizing that both ＂morality＂ and ＂law＂ are in the development. And the significance of the integrated studies lies in that the existing state of human beings is also changing.