对法本质认识的科学主义倾向之批判

由于因果律在根源上的证据不充分,因此以因果律为基础的科学方法对法律本质的认识存在问题.放弃因果律为前提,以追求最大盖然性为目标的科学方法,进入法学将会导致法学的实用主义,忽略人的价值;坚持因果律的科学方法,虽然可以很好地解决休谟难题,但必然会推导至彻底的决定论而丧失人类的自由意志,抹杀人的价值.法哲学研究应对理性与非理性同等尊重,关注客观性的同时,也关注个人的价值.

Criticizing the Tendency of Scientism in Exploring the Essence of Law

Owing to the insufficient evidence of causality, exploring the essence of the law by means of the scientific method based on causality has problems. Giving up causality and applying the scientific method which pursues maximum probability will result in pragnmtism of law, while sticking to the thought of causality, even if the HuIne problem can be solved, will lead to the complete determinism and a loss of free will of human. This paper asserts that the philosophy research of law should pay the same respect to rationality and non-rationality, and attach importance to the value of human as well as the objectivity.