法律本质论的思考

Reflections on nature of law

法律本质问题是两千多年来哲学始终在探讨的核心问题。法的本质论在各个历史时期有不同的特质,反映着一定时代的法思想风貌和水平。法律本质论成型的学说很多,对法律实践影响很大。每一场大的法律社会变动都会在关于法律的本质探讨的思潮中有所反映。法律本质论实现理性化与科学化的统一是马克思主义法学的贡献。尽管法律本质论还在不断地丰富、发展,但是,思想的主航道已经形成,前进的思想主流不会停顿。

The subject about the nature of law has been a focus of philosophy over the past two thousand years. Theories on the nature of law assume different characteristics in history and represent the trends and level of thoughts about law in different stages of history. There have been a variety of theories on the nature of law, which exert enormous influences on the practice of law. All reformation of law in history can be seen in the study about the trend of thought on the nature of law. The integrity of rationality of the nature of law and science is an achievement made by Marxist Law. Though the theories on the nature of law are continuously being enriched and developed, the leading trend has taken shape and the stream of thought will continue to progress.