Research On The Relationship Between Law And Morality In The Field Of Inclusive Legal Positivism

As two types of social norm systems to adjust human behavior, law and morality are closely linked with our life all along and their relationship is always a significant problem in the field of jurisprudence. To this classical problem, different schools of western jurisprudence give out many kinds of answers, typical examples as the antagonism between natural jurisprudence and analytical positivist jurisprudence. However, the research on the relationship between law and morality in the works of domestic jurisprudence generally pays little attention to the background of the schools that hold different views and often only arrives at simple introduction to basic standpoint of them even if it involves the problem. For instance, opposite description of natural jurisprudence and analytical positivist jurisprudence to the relationship between law and morality is often: as the oldest school of western jurisprudence, natural jurisprudence gives out definite answer to the problem. They think it closely linked between law and morality, and law must coincide with need of morality and the law against morality cannot be named law, that is to say, "unjust law is not law"; in contrast, the school of analytical positivist jurisprudence insist there is no necessary connection, science of law should only study "positive laws", unjust law is also law and only because "unjust law" is too evil we needn't obey it. It is no doubt that simply dealing...