摘要
实然与应然、是与应当、事实与价值三对概念都涉及认知、意志以及情感三种心理机能的纠结互动,并且还经常因为这种同构性被人们混为一谈。其实,由于认知需要与非认知需要的复杂关联,它们各自的哲理内涵在交织渗透中又形成了微妙的差异,需要仔细辨析。尤其对于从是与应当那里衍生而来的实然与应然,更有必要通过将实然仅仅和认知需要关联、将应然仅仅和非认知需要关联的途径加以区分,才能彰显它们有别于另外两对概念的相对独立意义,并且纠正法律实证主义等在实然法与应然法的关系问题上造成的扭曲混乱。
The three pairs of concepts of being and oughtness,is and ought,and fact and value all involve the entangled interactions among the psychological functions of cognition,will and emotion,and are often confused by people because of this similarity. Due to the complex relationship between cognitive needs and non-cognitive needs, however,their respective philosophical connotations form subtle differences in their interweaving and infiltration,which need to be carefully analyzed. In particular,we should distinguish between being and oughtness,which is directly derived from is and ought,by making being only related to cognitive needs and oughtness only related to non-cognitive needs,so as to clearly show their relatively independent significance from the other two pairs of concepts,and correct the distortion and confusion caused by legal positivism and other theories in the relationship between the law as it is and the law as it ought to be.
作者
刘清平
LIU Qingping(School of Humanities,Wuhan College of Communication;Fudan Institute of Advanced Study in Social Sciences,Fudan University)
出处
《当代中国价值观研究》
2021年第1期22-30,共9页
Chinese Journal of Contemporary Values
作者简介
刘清平,武汉传媒学院人文学院、复旦大学社会科学高等研究院教授。
