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帕尔默案是英美判例法中研究亲属法的重要案例,其审判依据是深植于社会的公共政策的一般法律原则:任何人不得通过自己的错误行为而获利。相对比英美法系,我们没有等同的公共利益,但我们有伦理道德。运用法伦理分析此案,同样会得出相同的结论,两者异曲同工,然而相同的判决的背后,其推理方式和内在逻辑存在着巨大区别。我们应更好地挖掘法律背后的伦理内涵,重塑伦理在现代法治的社会功用。
Palmer case is an important case study of the law of kinship in Anglo-American case law. The trial is based on the general legal principle of public policy rooted in the society. No one can profit from his wrong behavior. We do not have the same public interest as Anglo-American law, but we have ethics. The same conclusion can be drawn from the analysis of this case by the law of ethics. Both of them have the same result. However, behind the same judgment, there is a huge difference between the reasoning method and the inherent logic. We should better tap the ethical connotation behind the law and reshape the social function of ethics in modern law.