法律的道德论证——一个语言哲学的视角--毕业论文（可编辑）.docVIP

法律的道德论证——一个语言哲学的视角--毕业论文 语用学视角能够为道德论证提供一条比较新的思路,也能够在一定程 度上避免“明希豪森困境”和“休谟问题”,这是它的意义所在。同时也 要认识到,语用学视角也有很多缺陷,首先,语言哲学的范式本身也具有 一定的武断性;其次,在现实生活中语用学规则往往不会被实际遵守,尤 其是在法官审理案件的过程中,更是会受到多种因素的影响,不可能完全 地遵守语用学规则;再次,伦理道德领域内的问题非常复杂,语用学的视 角不可能完全解决其中的问题,语用学视角提供的仅仅是一条思路,在此 之外,其他的研究方法也有重要的意义。 5Abstract The system of law is not closed and self-sufficient, in some circumstances legal system couldn’t function well only by using legal regulations and some social factors beyond regulations should be involved in the process of implementing law. Morals play an important role in the function of legal system under circumstances in which a case couldn’t be disposed only by legal regulations. There would be different possible resolutions to the case, and the judge has to make a choice among these possible resolutions, then it’s necessary for him to prove that his choice is reasonable. This is what I said in this paper the argumentation of the law’s morality. In fact, in the history of legal study, researchers have paid much attention to the fact that morals have influences on the function of the law for th a long time. Jurisprudence before the 18 century belonged to natural law school on the whole. In that period moral factors’ involvement in the function th of the law was accepted. However, after the 18 century some scholars tended to exclude moral factors from the function of the law with the maturity of the system of law and the rise of the positivism in the philosophy. These two opinions had been confronted each other for a long time, but both of them have deficiencies. In the traditional natural law school, some abstract moral principles were introduced in the function of law, and these principles were believed to be undoubted. Obviously, this opinion is an arbitrary decision. On the contrary, the attempt to exclude moral factors from the function of law may lead to nihilism of value. Moreover, the attempt is not practical in realityTherefore, w