论文部分内容阅读
学界对法律伦理是否可能,颇有争论。文章从现代文明危机的大背景出发,以现代法治的困境作为切入点,通过对立法和司法两个环节的分析得出:现行的立法、司法因基本脱离道德运行而困境重重。现代法治的出路在于:不能离开道德、特别是伦理理解法律和适应法律,要建立一种以情理法相统一为中心的高阶规范形态。从这个意义上讲,法律伦理不但可能,而且必须。
Academic circles on the legal ethics is possible, quite controversial. Starting from the general background of the crisis of modern civilization and taking the dilemma of modern law as an entry point, through the analysis of both the legislative and judicial branches, the article draws the conclusion that the existing legislation and judicature are in a dilemma because they basically run their course from morality. The way out of modern rule of law lies in: we can not leave morality, especially ethics understand law and adapt to law. We should establish a high-level normative model centering on the unification of morality and law. In this sense, legal ethics is not only possible, but also necessary.