法律与道德冲突的哲学反思

Philosophical Reflection on Conflict between Law and Morality

法律与道德在现实生活中往往存在"合法的不合理"、"合理的不合法"的冲突。从哲学角度来分析,其主要原因有三个:对法律与道德关系的片面化理解、对权利与义务的二分化理解和把道德与利益进行对立。解决冲突的原则主要有利益起点和分层原则、权利与义务统一和有限性原则、道德分层原则。以上原则都是相对的、具体的、历史的,不能绝对化、抽象化、永恒化理解。

In the real life, the conflict between law and morality is something legal but unreasonable, or something reasonable but illegal. From a philosophical perspective, there are three main reasons： one-sided understanding of the relationship between law and morality, two differential understandings of right and duty, and the confrontation between morality and interests. The main principles of the solutions to the conflict are as the following, the principle of the starting point of interest and stratification, the principle of the unity and limitation of right and duty, and the principle of moral stratification. The above principles are relative, specific and historical, which cannot be comprehended absolutely, abstractly or permanently.