Diagram of ancient and modern law
October 30, 2019 09:02 Source: "China Social Sciences" October 30, 2019 Total No. 1804 Author: Wang Xiong

After the Renaissance,Methods of Natural Sciences penetrate in all aspects of social science,People depict the power of Queen Elizabeth based on astronomical maps; use the role of Charlie 1 in the theoretical theoretical theoretical theoretical of Cardiac functional theory of heart function;、Geometric Explanation Law; Hobbes Litto is based on new sports science、The concept of science and the creation of a new students' science on politics or law。Later French Academy even established a new "Moral and Political Science Academy",People are obsessed with mathematical formula,It is believed that the social science field can also produce his own Newton and Harvey,Law is not able to outside。

The scientific attempts of law have already existed in ancient,Aristotle in "Political Science", Volume 4, Chapter 3,I have proposed to study the internal structure of the city -state with the method of studying animal organs。The Lord of the Gallery believes that research is naturally for studying life。Even the "Story of the Story" and "Youstinni Law Stairs" also believes that law is the science of justice and non -righteousness。In ancient,Study Natural Science and Research Laws' Prosperity。But in modern times,When a scientific method is trying to penetrate into law again,But encountered difficulties,It seems that physical things and ethical things are across the unable to cross the gap。Visible,Legal scientific problems exist in ancient and modern changes,The Bet365 lotto review modern scientific revolution has reshaped the scientific concept,But law is an ancient learning,Continue to this day。

In fact, the concept of LAW is earlier than the concept of science,Although in the early Middle Ages,The word science appears in English,But generally don’t use it much。Newton calls himself a natural philosopher,I don’t call yourself scientist,The name of his masterpiece is "The Principles of Mathematics of Natural Philosophy"。The extensive use of science in the English world is the matter after the 19th century。At this time,The Science and Technology Revolution has completely changed the connotation of science,The science at this time is equipped with modern scientific concepts。Modern science is technical measurement of the objective world,Of course, this method cannot be used to measure justice and non -righteousness。In "Science as a Aspiration",Weber has denied the moral education of science,Think that it is a fictional ideal。​​So,"Science" in "The Conflicia Compilation" is not the modern "science" we understand,but ancient "science"。

Ptolemy (Claudius Ptolemy,About 90-168) The understanding of astronomy in its famous book "Astronomy Da Cheng" represents the ancient scientific concept,He said, "The ultimate goal of astronomy is the development of morality and spirituality"。After a thousand years,Aquina (1225-1274) continued this scientific outlook in "Theology": Science is a kind of spiritual habit or rational morality。After the Scientific Revolution,The scientific concept of scientific or spiritual habits as virtue or spiritual habits is modern、Systemic scientific concepts gradually Bet365 app download replace。"Science" has become methods and teachings。The 17th century was a genius century,Since then,"Science" has achieved great success。

Affected by those scientific giants,A large number of political scientists、Jurists hope to be in political behavior、Legal behavior and ethical and moral field introduction scientific methods,Strive for the precision of social science,To get predictable results。Hobbes has gained a firm belief from Descartes and Galileo,He expanded Harvey's physiological theory to the field of political and social sciences,Livatin is a "artificial person",The sovereignty is the "soul" of human beings,Officials or other administrative personnel are "joints",rewards and punishment are "nerves",Currency is the "blood" of the country,etc.。Graouus strives to remove the concept of natural law from the origin of the sacred origin,Like people using mathematical rules,Use rationality to understand natural law。Christian Wolff pushes this scientific efforts of law to orgasm,The sub -title of a book published in 1754 is "All obligations are agreed by the essential context of the person"。He thinks,From higher axioms to the smallest details,All natural laws should be inferred according to the interpretation of no loopholes。Since then,Real legal science can start。but less than a century,Drink by J. Von Kirchmann (J. Von Kirchmann),In 1847, Kirshiman gave a speech "worthless as a science law",Comprehensively denied the scientific nature of law。Then,1869,German jurist Yelin published a male text "Is the law of law a science?" 》,Try to interrupt the "Dream of Familled System" of Bet365 app download the jurisdictions。Legal scientific issues have fallen into a century -old war,No results so far。

But,This problem does not exist before the scientific revolution。In ancient,Let's talk about legal science,Not talking about strict rules,Instead of talking about the standards about justice and non -righteousness。The first volume of the "Introduction","Iuris Prudentia) is a cognition about the affairs of God and Man,is the science of justice and non -righteousness "。This definition comes from Urbian,Urbian defines the law as a science,But this science is not a modern science we understand。Spanish philosopher José Antonio Martínez Mu?、Using the word "science" in an inaccurate sense。This is a misunderstanding of Urbian,I am using the current scientific standards to cut ancient scientific concepts。If we return to the classical concept,I will find it,Science does not rule out virtue、Discussion of Happiness。The inquiry of natural phenomena is to reveal the truth behind natural phenomena,and use it to guide people's life,Arrange God's affairs and people's affairs。Modern science may call the discussion of natural phenomena as natural science,The discussion of life life is called humanistic science,Actually in ancient times,These two cannot be separated。The purpose of science is to explore the goodness of nature,and Guoger Life。​​So,In the classical context,The law of studying world affairs is a science。

The main task of this science is to distinguish between justice and non -righteousness in human affairs and God's affairs。Maybe modern people cannot understand why this distinction Bet365 lotto review activity is scientific、Reasonable,For the reason, except for the ancient and modern differences of the scientific concept mentioned earlier,Because of this distinction activity, it is related to the inquiry of "nature"。Cesero thinks,Law (IUS) originated from the law (lex),and the law is the standard of justice and injustice (the first volume of the Law of the Law)。From the view of Cissero,The reason why the law can scientifically distinguish between justice and non -righteousness,The law is in line with the oldest nature,Nature that conforms to the beginning of all things (the second volume of the law of law)。"Nature" here is not a natural phenomenon such as flowers, birds, fish and insects,but the natural way behind natural phenomena,Therefore, it can be the standard for distinguishing justice and non -righteousness。What is the way that conforms to nature is justice,The highest rationality in nature is the law。The study of "nature" is the study of legal roots,Research Nature and Research Law have the same sex。Research was naturally the main task of science or philosophy at that time,Research Law is naturally a scientific cognitive activity。

Although Sisairo did not mention the faction of the gallery,But it is obviously affected by it。As the second -generation head of the gallery, Clecas Person wrote "On Law",But lost,"Early Porcellasty School" retains him: "Law must be the standard for justice and non -righteousness,For the nature of the nature of politics, they should do what they should do,It is forbidden for them not to do。"This is the direct origin of" law is scientific "in" Theory of Studies ",It's just that Clecatopos replaced "science" with "standard",Because Clecas bet365 Play online games Person believes "justice and law、Correct rationality is based on nature,Not existing according to the agreement "(" On the Morality of Morality ")。Law is a standard,This standard is not artificial,It is rooted in nature,Only in nature can we find this standard,The process of looking for this is the process of scientific inquiry。In the "On the purpose", Klecatos said,The natural part of our individual is part of the natural part of the universe。This is why the purpose can be defined as living according to nature。In other words,The correct rationality of all things is equivalent to the Lord of Zeus and all things,Exploring the intention of nature and exploring God、Inquiry Law equivalent。

In this sense,Classical Law is not a science for studying natural phenomena,but studying the truth behind natural phenomena。Because,All human affairs must meet the natural order of the universe。Explore natural order,Then use its guidance world life to be the philosophical mission at that time,Law is one of the small tasks。It wants to incorporate God's affairs and man's affairs under the rule of the way of cosmic order,The way of this cosmic order is the law。The way to explore the order of the universe was science at that time,Law of the law is naturally scientific。

Visible,In ancient,People accepting law are a science,Because the science at that time included natural science,It also includes humanities,Refers to a set of knowledge system。This set of knowledge does not exclude justice and virtue,Just the opposite,It actively explores justice in nature,To guide life。but,The science after the scientific revolution is becoming increasingly bet365 live casino games empirical,Special refers to narrow natural science,Pursue accuracy and logic weekly latency,When we use this scientific measurement of law,It will inevitably be caught in the muddy mud of "the law is a scientific"。

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