法律·情感·良心之治——驳“法律无情”论

法律是以情感作为基础,并以推进和聚合社会情感为己任。从立法到司法,情感构筑了法典的欠缺之处,并推助法典朝既有目标前行,当我们将情感因素纳入法律之中,我们将发现,依法之治的最好阐释,莫过于法官的良心之治。

Rule by Law, Emotion and Conscience

Law is existent on the basis of human emotion and takes progressiveness and integrity of the emotion in a certain social situation as its responsibility.Emotion makes a remedy for what a code is destitute of and leads the code to- wards where its fundamental goal lies.Taking emotional elements into consideration of law,we will find that“the most convincing explication of'ruling by law'is no better than'ruling by conscience of the judges' .”