Law and morality should complement each other, not mutually exclusive. The relationship between law and morality is a combination of conditional connection and inevitable difference, both of which are indispensable.
Regarding whether there is an essential connection between law and morality, after World War II, Hart, the representative of analytical positivism law school, and Fuller, the representative of natural law school, respectively put forward the core proposition:
Hart's proposition is that law and morality are separated, and there is no necessary connection between them, focusing on positive law; Fuller's proposition is that law itself must contain inherent morality, and law is a purposeful cause governed by rules, focusing on the state of law as it should be.
The relationship between law and morality has been debated for more than ten years. The analytical school thinks that the essence of law is "authoritative formulation", that is, the predictability of law, while the natural law school thinks that the essence of law is "social effectiveness", that is, the acceptability of law.
Extended data:
When the law obtains the dominant position of society by virtue of the coercive power of the state, its own legitimacy is often presupposed as a self-evident premise; Although the law has become the standard to judge whether the actions of us and others are justified, its regulatory capacity and social acceptance are not as high as people think.
Paragraph 2 of Article 63 of the Criminal Procedure Law stipulates that although a criminal does not have the mitigating circumstances stipulated in this Law, he may be sentenced to a penalty below the statutory penalty according to the special circumstances of the case with the approval of the Supreme People's Court. I think this law is to balance the principles of law and reason.
The law is nothing more than human feelings, and it is right for judges to strictly enforce the law, but we should also clearly realize that the law is not static and needs to be evaluated through countless such difficult cases, and will eventually be revised, evolved more perfect and more "human"; Can stand the test of the times and the supervision of public opinion. The judiciary will not accommodate public opinion unprincipled, but it will not ignore or even live up to public opinion.
Justice and public opinion are not opposites, but all roads lead to the same goal: let the guilty be punished, let the innocent not be wronged, let the strong Liang dare not do anything wrong, and let the weak gain dignity.
Zhaodong City Court Network-Law is the Minimum Morality