Analysis And Criticism To Holmes' Theory Of The Distinction Of Law And Morals

The relationship between law and morals always gets the most attention from jurisprudents. By its unique character, this problem attracts more and more scholars and makes them never be bored with it. Although there is still not a satisfying answer to the problem, the inspection and argument about the problem make people understand more about the relationship between law and morals and the nature of law. Among numerous contributors to the problem, Mr. Holmes, the grand justice of the federal tribunal, is outstanding. He developed the theory on the distinction of law and morals. Inspecting his theory, we will find his understanding about the relationship between law and morals and the nature of law is very inspiring, of course, with some shortcomings. Maybe this is the reason why many scholars have to pay attention to his theory while they criticizing it.The relationship between law and morals is a confusing problem, but it is a very important problem about the understanding of the nature of the law. As the relationship between law and morals is directly related to the definition of the boundary of law, the problem is of great importance. To make clear the relationship between law and morals and the boundary of law, justice Holmes developed the famous theory on the distinction of law and morals. In the gradation of theory, firstly, the aim of the theory on the distinction of law and morals is to make clear the boundary and the nature of law. Secondly, the distinction of law and morals demands the elimination of moral words from law. The third, according to the distinction theory, it is necessary to inspect law as a bad man to find out what consequence it will bring to us. In another word,...