恶法亦法理念萌芽于苏格拉底,并由法律实证主义者奥斯丁加以系统论述并趋向于成熟。在西方法学中恶法良法之争始终贯彻其中。然而,所谓“恶法”判断标准却一直是一个理论的难题。而与“恶法”相对的“良法”基础同样难以形成定论。事实上,强调对恶法的遵守并非全无价值关怀,而恶法亦法理念对法治的发展有着重要的推动作用。本文通过对自然法理念中善的概念分析,以此可以得出对“恶法亦法”的新的认识和定位。 Evil law and law idea sprout in Socrates, and by the legal positivist Austin systematically discussed and tends to mature. In Western jurisprudence, the battle between evil law and good law has always been carried out. However, the so-called “evil law” criterion has always been a theoretical problem. However, it is equally difficult to form a conclusion based on the “good law” basis as opposed to “evil law.” In fact, it is emphasized that the observance of the evil law is not totally worthless care, and the evil law and the notion of law also play an important role in promoting the development of the rule of law. Through the analysis of the concept of goodness in the concept of natural law, we can draw a new understanding and orientation of “evil law and law”.