《法学概论》之法律观质疑

《法学概论》的作者认为，法律“是阶级矛盾不可调和的产物”，是“由国家制定或认可的”、“以国家强制力来保证施行的”、“被上升为国家意志的统治阶级的意志”。这个法律观代表了我国学术界的传统观点。然而，笔者认为，它曲解了马克思主义法律观，既没有揭示法的本义，也不符合原始社会的历史事实。

Some Questions about the Legal Outlook in an Introduction to Law

The writer of an introduction to law believes that a law is the product of the uncompromising contradictions between classes, that it is formulated or recognized and enforced by the state,and that it reflects the ruling class will which is raised to the will of the state .This out look is typical of the conventional views upon law in china's academic circles, This writer, however,claims that the above theory. which neither brings to light the essence of law nor conforms with the historical facts of primitive societies, distorts the Marxist legal outlook.