论法与道德的关系

On the Relationship Between Law and Morality

法与道德都约束人的行为,但是约束的方式大有区别。道德更依靠人的自觉性和内在本质,法的形成依据的是被动创造和外在因素。法学界对法与道德关系这一问题的讨论如火如荼,这些讨论使得法与道德的关系从模糊变得清晰。综合学界各种讨论,法是最低限度的道德,在某种程度上,它们相辅相成,共同促进了人类生活的进步。

Both law and morality restrict human behavior, but the way of restraint is very different. Morality relies more on the consciousness and intrinsic nature of human beings. The formation of law is based on passive creation and external factors. The discussion of law and moral relations is in full swing in law circles. These discussions make the relationship between law and morality clear and comprehensive. In all kinds of discussions, law is the minimum morality. To some extent, they complement each other and promote the progress of human life together.