法律与道德:正义的法哲学及其发展——以瑞特纳帕拉法学思想研究为核心

Law and Morality: the Philosophy of Law on Justice and Its Development ——Focusing on the Studies of Suri Ratnapala’s Legal Thoughts

正义的概念和范畴,在持不同理论立场的思想家眼中呈现出不同的样态,引发了人们对正义是否是一个值得法理学研究的对象这一问题的深刻思考。瑞特纳帕拉(Suri Ratnapala)通过对法律是什么、为何以及如何遵守法律的法哲学演进的梳理和追问,独创性地区分"依法的正义"和"法律的正义"两种概念,对于法律与道德以及正义的法哲学内核做出了当代诠释和发展。所谓"依法的正义",是指法律是实现正义的手段和工具;"法律的正义",则指特定法律的正义性或道德正当性。但是,只有个体间认知的耦合,才会导致关于正义行为的道德规则的汇聚和产生,因而正义的实现其实就是对以人类经验积累的方式得以建立的基本行为规范的遵守。不同正义理论的建构,旨在使我们共同走向一个美好的理想——运用法律手段建构一种适于人类生活和自由全面发展的社会秩序。

The definition and category of justice differ in the eyes of variant thinkers with different theoretical viewpoints, thus initiating profound thinking on the question of whether justice is a valuable object of study. Through reviewing and analyzing the topics of ‘What is law?’ and ‘Why and how to obey the law?’, which have been consistently revolving in the history of philosophy of law, as well as innovatively differentiating the two conceptions of ‘Justice according to law’ and ‘Justice of the law’, Suri Ratnapala has explained and developed the philosophical core of ‘law and morality’ and ‘justice’ in the contemporary context. The so-called ‘Justice according to law’ refers to that the law is the method and means of realizing justice;‘Justice of the law’ refers to the righteousness or moral justification of some specific laws. However, only when different individuals couple with each other in cognition, moral rules of just conduct will emerge and converge. Hence, justice is to observe the fundamental conduct rules established through the form of experience-accumulation by human being. Different constructions of justice theory are solely aimed at leading us to move towards an ideal circumstance: Using law as the method to establish a social order that is suitable for human life and people’s free and all-round development.