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留学生作业代写:Philosophy of Law

2017-12-28 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Philosophy of Law,供大家参考学习,这篇论文讨论了法哲学。从价值层面来看,法哲学是人学,法哲学离不开人,它关注人的生存命运,追求人的自我完善、自我发展。从某种程度上说,一提到价值这一概念,就内涵着“需要”这一意义,人类的一切活动,都是出于某种需要。能否满足及在多大程度上满足人类的需要,是衡量一切事物和行为是否具有价值及多大价值的根本标志。

Philosophy of Law,法哲学,essay代写,paper代写,美国作业代写

What is the logical starting point of the philosophy of law, which has always been a controversial topic, there is no universally accepted conclusion of the whole legal philosophy, so it is necessary to explore them from a new perspective. From the static and dynamic point of view to prove the logical starting point of the philosophy of law can try to identify it as a legal need.

As to the logical starting point of the philosophy of law, from the present, the scholars and philosophers in ancient and modern times have probed into it, but different people have different historical conditions and different points of view, and different research methods are used. People as a group, different from other animal groups, the most crucial point is that people have self-development, self-improvement ability. Therefore, the author believes that the law philosophy should be based on the relationship between people and law throughout the entire legal philosophy system, the ultimate goal of legal philosophy is to promote human self-improvement. Therefore, the logical starting point of legal philosophy should be the law need. Therefore, this paper attempts to explore and analyze the legal needs as the logical starting point of the legal philosophy.

From the point of view of value, the philosophy of law is human science, the philosophy of law can not be separated from human, it pays attention to human's survival Destiny, pursues human self-perfection and self-development. To some extent, the concept of value refers to the meaning of "need", and all human activities are out of necessity. Whether to meet and to what extent to meet the needs of mankind is a fundamental measure of the value and value of all things and actions.

If the "need" is used as the logical starting point of the philosophy of law, may bring a difficult problem: many other disciplines, such as economics, ethics, pedagogy and so on, there is a close relationship between the needs of people, then, whether all the subjects of human beings are based on human needs as a logical starting point? Or will the need of human being as the logical starting point of the study of legal philosophy lead to the generalization of the study of legal philosophy? The author thinks that this kind of worry is understandable. Therefore, we must be in the human "need" in the legal philosophy of positioning, otherwise, the study of legal philosophy is really possible with the economics, pedagogy, ethics and other research difficult to distinguish.

Based on the above concerns, the author tries to analyze legal philosophy from the aspect of law value, then it can't be separated from the concept of "law need", so it can't be grasped as one of important aspects of human activities, such as the formation and development of law, legal action, legal relation and so on. Therefore, in the study of the philosophy of law, the author tries to explore the legal needs of man as its logical starting point. Human's legal need is an important academic value category and problem, it is the most important and basic concept in the legal philosophy system, which can be said as the starting point of the whole legal philosophy system. The legal need is the logical starting point of the study of Law philosophy, which is in the ultimate sense, that is, the starting point of the study of legal philosophy is the need of human law, whose destination is also the legal need of man, which is a kind of circular movement around people from beginning to end.

In the author's opinion, whether it is the rights and obligations, legal acts, or interests, possession, such a number of legal philosophy of the emergence of the category is derived from the legal needs of this starting category. Some scholars believe that the law needs to be basically a thick-strokes of the substantive requirements, or even vague concept of legal justice, that is to feel that this matter needs to be regulated by law. In the process of changing the legal needs of the individual law to the requirement of the group law and the Social common law, the law needs to be transformed into a series of legal demands, such as the rules of business intercourse and the rules of marriage customs. At the same time, the need of people under certain historical conditions determines the interests that people pursue, and the interests that people pursue in their minds decide the intention of people and dominate people's action. People's behavior is always driven by certain interests. In other words, the legal interests are mainly expressed in the form of claims, and only the interests that are reflected in the law are the scope of the legal interests, the objects that are regulated by law, the rights are the interests and the interests are the basis, and the benefits are manifested through the rights, obligation for its manifestation and means, the interests and rights are related to power, especially the legal rights and interests. It can be seen from the original point of view, the human legal needs is the cause of the formation of legal relations, but also the basis of the interests of the people, is the motive of legal acts, direct social rights and obligations is only the external form of social law needs. It is in this sense that we say that human legal needs are the starting category of the law philosophy system and the logical starting point of the philosophy of law.

The reason why the law needs to be abstract is now, generally speaking, when a person is in a state of scarcity, there is a need to reflect the subjective conscious consciousness, through the mind is aware of, it causes the pursuit and acquisition of the object to meet the needs of the consciousness, resulting in the desire, and when people have a certain desire and not be satisfied, There is a psychological tension and anxiety, this kind of psychological tension will cause the individual's intrinsic driving force, the individual chooses and seeks to satisfy this kind of demand the goal, once the target has found, the need transforms into the motive, transforms into realizes the enthusiasm, the autonomy, the initiative and the creative driving force Motive, Motivation is the action intention that is caused by the need to achieve the proper purpose; We can see that the need is different from desire, motivation, it is the original, the direct and simplest stipulation, the law needs to be as necessary as a kind of the same way, the law needs to always be based on the needs of a certain living situation, always on the needs of a certain object, it is the need for order, the system needs, the need for a certain behavioral norms and the need to demonstrate the rationality of these systems and norms. The emergence and existence of law need means the dissatisfaction and negation of the current adjustment measures of social order, which means a kind of impulse or intention to transcend the present situation, thus forming the motive of Juristic act and initiating certain legal action. Therefore, the need of law is also abstract, "pure", "empty", does not contain desires, motives and other connotations.

The need of law is both the starting point and the end point, they are dialectical unity. Need is not only the starting point of human history, but also accompanied by the history of human society, can not be ruled out, can not get rid of, is the basic attribute of human. Similarly, the formation and development of law is also based on the need of people to law. On the one hand, it arises from people's legal needs, on the other hand, to satisfy people's legal needs. The law is the human in the production and the life actual process, in order to meet the needs of individuals and groups to survive and reproduce, to coordinate mutual relations, to achieve social stability and harmony, to seek common development needs, as well as the need for people to be self affirming, self-perfection and self-development, to establish a balance mechanism between the satisfaction of individual desires and social harmony. It can be said that the legal needs of man is the deepest source of law. The constant development of the legal needs to meet, but also to promote a positive and active attitude to understand, treat, adjust and deal with individuals and others, individuals and groups, as well as the relationship between man and nature, and finally reached the beginning and end of the dialectical unity.

On the one hand, from the static angle of analysis, the law needs to conform to the logical starting point of the essence, which itself can be used as the logical starting point of the philosophy of law, on the other hand, from a dynamic point of view, the origin, existence and development of law and the need for the relationship between

First of all, from the origin of the law, Engels said: "In the social development of a very early stage, there is a need: The daily duplication of production, distribution and exchange with a common rule, so that individuals subject to the common conditions of production and exchange." The rule first behaved as a habit and soon became law. "From this famous exposition, we can understand that the law needs is the development of social relations to a certain stage of the product, the need for the law is not always there, the law of such a special tool itself is not always have, human society from the beginning of the rules, there is a simple concept of justice, The primitive habit runs smoothly under the support of the primitive man's peculiar belief, which relies on the individual's conscious obedience and the restriction of the public opinion. But with the development of production, the emergence of surplus products and the resulting interest differentiation and conflict, resulting in harmony is broken. As Hegel thinks, in civil society, the wealth created by Labor is uneven among people, which may make some people to meet their own needs and infringe upon the property ownership of others, there will be contrary to the mutual exchange of labor results of the contract phenomenon. The infringement of other people's ownership and the breach of the contract, therefore, it is necessary to make laws to protect the property ownership, contract and so on. Then there is the need and thirst for the law, hope that the law to adjust this destroyed order, and finally to create a special rule of law.

Secondly, from the perspective of the development of law, law is a kind of display of human consciousness, human consciousness is the new wisdom phenomenon of New day and day, therefore, the law is not invariable, when human's wisdom consciousness tells mankind, must change the idea, change the rule to survive, before can show the truth, the law should change. It can be said that it is changing with the development of the times, different times will have different legal needs, and thus will produce new legal provisions. The law needs to be enriched, perfected, transformed and discarded, through the multiple selection and measurement of different subjects, and finally into law, which completes a cycle from need to fulfillment. From the formation of law to People's use of law to achieve their own purposes, this is a need to meet the new cycle. Next, the new legal practice created a new legal need, which began a new cycle from the need for law to legislation. In societies that still need law, the cycle is endless. Need to constantly produce, the law will continue to develop, and constantly improve.

Thirdly, from the form of law, the rule of law is human's creation, law and its form origin namely the law itself is a kind of human need, it is through the law that many higher level and wider needs of mankind can be realized. The legal need is basically a thick outline of the substantive requirements, or even vague legal justice concept, in the process from the individual law needs to the needs of the Community law, social common law needs, people to law as a special rule system of the pursuit and expectation, before the state intervened, In some areas it may have been necessary to crystallize the law into technical rules, which must be recognized only by the state, and those laws need to be translated into law. People want to make use of national systematic and logically rigorous rules to govern one's life, as opposed to irregular, disorderly chaos, the rule of life is better; relative to the weakness of the general rule adjustment, the delay of renewal, The rule governance which is formulated or approved by the State and guaranteed to realize has its advantages and irreplaceable function. The fundamental reason why the rule of law exists is the need of law in the development of social relations. This need makes the law an intrinsic stipulation of the social relationship, that is, without the participation of law, the social relationship cannot be further expanded and perfected.

To sum up, this paper makes a new analysis of the logical starting point of the legal philosophy, tries to define the logical starting point of the legal philosophy as "law need", and does not criticize the predecessors ' thought, but because the academic field should be open, the thought should be pluralistic, and the need is to blossom and contend. With the uniqueness of the subject of legal philosophy, as a branch of philosophy, it has the same characteristics as philosophy, that is, the transcendental nature and the limitation of human rationality. Therefore, we cannot solve this problem ultimately, but only try to propose a solution in our own perspective.

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