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Freedom in Hegel's philosophy of law

2019-03-13 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- Freedom in Hegel's philosophy of law,供大家参考学习,这篇论文讨论了黑格尔法哲学中的自由。在黑格尔的法哲学中,他把整个现代自由定性为主观自由,不管是出于主观任性的自由,还是康德的反思式的自由,都是局限于孤立的个体中的自由,而不是整体的自由、普遍的自由。黑格尔的这种自由理论在克服现代自由的缺陷方面有着重要的贡献,当代各种非自由主义理论。

Hegel,黑格尔法哲学,essay代写,paper代写,作业代写

The modern enlightenment regarded rationality as the essential attribute of human beings, freedom as the value of rationality and the "keystone" of rationality. In contemporary times, "of all the ethical values that have risen to dominance in modern society and have since competed for dominance, only one ethical value has actually had a lasting impact on the institutional order of modern society: freedom in the sense of individual autonomy." Such individual autonomy, that is, freedom from interference, coercion and slavery by others and external forces such as public power, plays an important role in the value system of contemporary society and its importance in evaluating other values is unshakable. However, the course of people's pursuit of freedom is not smooth, even in terms of various contemporary liberal theories, they are also facing various difficulties. As a result, a number of non-liberal ideological trends keep emerging, which attempt to "save" freedom with their own theories. One of the most effective attempts of these theories is the recognition theory of hornett, an important thinker of the contemporary Frankfurt school. It mainly relies on Hegel's ideological resources to overcome some defects of the liberal theory, so as to develop a social freedom theory based on mutual recognition among subjects. In fact, Hegel himself is one of the thinkers who began to reflect on and surpass modern liberalism before it reached the stage of maturity.

In Hegel, freedom is discussed in terms of concepts. According to Hegel's logic system, the ontology in the field of movement is in the category of "transition to spare," essentialism in the field of movement is in the category of "otherness" reflected, and the movement of the concept in the field of theory category is "development", the so-called "development" is no longer a category in the form of binary opposition between, but the existence of the potential things developed, implementation, stipulated by nature into reality. The notion, therefore, is the origin of all life, and the very concrete thing, which contains in itself all the determinations of thought of the past as sublated determinations. In this way, the concept of "freedom" is no longer a simple fixed form, abstract form, but a development process, the process shows the concept of freedom in different links and different forms of freedom.

Why can freedom be talked about as a concept? Hegel argues that this is because will and thought are one, two sides of Geist itself. Here, Hegel first criticized the previous wrong way of thinking about freedom of will. The first type of mistake method is that the appearance of will as the premise, and then from the definition of the representation of the will, and fixed it, and then according to the method of empirical psychology from ordinary consciousness to feelings and situations, such as confession, crime, etc., export the so-called confirmed on the freedom of the will, think these phenomenon can only be explained according to the will freedom. Hegel thought that it would be more convenient to treat freedom as a ready - made fact of consciousness and not to believe in it. The second error is the dichotomy of thought and will, which mainly refers to Kant's method. Kant divided thinking and will, necessity and freedom into two fields. He thought that the application of rational theory was concerned with the field of thinking and cognition, while the application of rational practice was concerned with the field of free will. Thinking and cognition follow the law of causal necessity, and since the will is free, it can act independently without the limitation of rational cognition. Hegel's almost harsh criticism of this is that those who examine thought and will separately as special faculties, and further argue that thought is harmful to the will, especially to the good will, are at first exposed as ignorant of the nature of the will. Hegel's idea is that thought and will are not two different faculties, but one thing, one and two, two and one. The spirit is generally thought, man is different from animals because he has thought; Will is nothing but a peculiar mode of thought, the mode of thought into which the mind transforms itself, the mode of thought which is the impulse to attain it. It may be said that the will is the thinking which desires, and the thinking is the will which thinks. Since will and thought are the same thing, freedom can be grasped by means of conceptual deduction. In Hegel's view, therefore, the only scientific method for the philosophy of mind as an "applied logic" is "not an external description of the material discovered, but an exact form of the content developed by necessity itself". The nature of the scientific method is that "on the one hand it is inseparable from the content, and on the other it sets its own pace... It is only in a speculative philosophy that this nature is really revealed.

Hegel, as we know, refers to the doctrine of the objective mind as philosophy of law. Hegel said: "any fixed, as long as the free will of the fixed, is called practice. So in general, law is freedom as an idea. And the idea is the concept and its realization, in this case the concept of freedom and its realization. Hegel divides the development of the idea of free will into three stages: the first stage is the immediate will, in which the concept is abstract, that is, the personality, which is fixed as the immediate external, and belongs to the realm of abstract or formal law; The second stage is when the will starts from the external determinacy and reflects in itself, and thus is defined as the subjective oneness in opposition to the universal, which is the realm of morality; Third, as the unity of the first two links and the will to truth, this is the ethical entity. Only in the reality of the ethical entity, abstract law and moral freedom can be achieved, and the state embodies a higher level of freedom, is "god on the ground".

Hegel characterizes the whole modern freedom as subjective freedom, whether from the subjective capricious freedom or the reflective freedom of Kant, which is limited to the individual freedom rather than the overall freedom and universal freedom. Hegel talks about freedom in the higher conceptual framework of "absolute spirit", reducing subjective freedom to a link in the free movement of absolute spirit, while regarding the real social relations as the real realization of freedom. Hegel's theory of freedom has made an important contribution to overcoming the defects of modern freedom. Almost all contemporary non-liberal theories, such as communitarianism and honet's recognition theory, have drawn nourishment from him, and even libertarian theorists like rawls have been influenced by him.

However, Hegel's theory of freedom is also flawed. He USES conceptual deduction to examine freedom and social reality to demonstrate logical categories, thus reversing the relationship between thinking and existence. In addition, because he finally attributed freedom to the absolute spiritual freedom above the social reality, his attention to the real freedom was actually selective, which made him inevitably miss a lot of important things and weakened the explanatory power of his theory. Therefore, we should abandon his position of objective idealism and base our investigation of freedom on the real society, that is, the social relations among human beings.

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