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内在观点和外在观点是两种截然不同的主体对待法律的态度和立场。内在观点是一种将规则作为规则来看待的观点,是一个诚信参与者的观点;外在观点是一种将规则作为社会现象来对待的观点,是法律旁观者的观点。本文认为:在一个相对民主的现代社会里,内在观点是主体对待法律的正确立场,而外在观点实不宜作为一种基本的法律观为社会持有。然而,本文同时发展了哈特内在观点的内涵,提出宽容性的内在观点的理念。宽容性的内在观点对民主社会的法律实践持有基本的认同、接受与信赖的立场,但是宽容性的内在观点也欢迎并接受来自法律实践内部的善意批评,即使对于外在观点的颠覆性批判,宽容性的内在观点也持开放的态度,试图从中借鉴有益的建议以改善我们生存于其中的法律实践。
The internal point of view and the external point of view are the attitude and position of two completely different subjects to the law. The inner point of view is a point of view of rules as a rule, a point of view of a good faith participant; an outward point of view is a point of view that treats a rule as a social phenomenon and a bystander of law. This article argues that in a relatively democratic modern society, the internal point of view is the correct attitude of the subject to the law, and the external point of view should not be regarded as a basic legal concept for the society to hold. However, at the same time, this article develops the connotation of Hart’s inner point of view and puts forward the idea of tolerant inner point of view. The internal perspective of tolerance holds the basic position of recognition, acceptance and trust in the legal practice of a democratic society. However, the internal view of tolerance also welcomes and accepts the goodwill criticism from within the legal practice, even though it is subversive criticism of the external viewpoints , And the internal view of tolerance is also open-minded in an attempt to draw useful advice from them to improve the legal practice in which we live.