Comprehensive Researching Of The Relationship Between Law And Morality

In jurisprudence history, the classification of the natural law school and the analytic positive law school is mainly based on their antagonistic views upon the relations between law and morality. The natural law school claims that the foundation of law depends upon morality and that law must have its trace back to moral value, and therefore, the standard of measurement and judgment of law is natural law rule. The analytic positive law school holds that law with its independence is an actual existence, and that law is a rule system made by the government, with the nature of a pure technique and a tool, and, therefore it is not allowed to appraise law in the light of morality. The natural law and analytic positive law both face their own predicaments, and they manifest the trend of drawing close in the long time debate. We try to seek the compromise and unity of law and morality. In unification, law and morality reciprocally remedy the opposite side's defaults, in the meanwhile, they preserve their own necessary independent inherences.Part One: The natural law's seeking of the moral basis and the moral value .The natural law is based on a rational recognition method of dualism, and it assumes a pre-moral rule as the foundation of law apart from the actual law. The function and purpose of law are to protect and realize moral value goals, such as peace, equality, freedom, justice, and its main issue is realizeation of justice principle and justice goal. The natural law also put forward the procedural moral issue of law.Part Two: Analytic positive law's absolute and non-absolute exclusion against morality .Analytic positive law is based on the analytic positivism ,and advocates the separation of law and morality. It maintains that law is a pure tool and the law's measurement standard is the clarity of utilitarianism and logical positivism ,not moral value or other else. Positive law displays a compromise characteristic of closing up to natural law in the course of its development which shows its intensive expression in the theory of H.L.A.HART.Part Three: Unity of law and morality. Law and morality have the shared social and historical environment and subject, and they have the overlapping parts in content, and those are the basis of unification Simultaneously, the mutual supplement between law and morality determines the necessity of unification of them. The existence of law entity regards "the natural law of the lowest limit" as its "exterior morality". Legal provisions is unification of morality and technology. The view of law based on the relative unity and compromise of law and morality is that law is a social and historical existence at the same time, law is a unity of morality and normalization.