The difference between the ancient and modern aspects of the scientific nature of bet365 code
October 30, 2019 09:02 Source: "Chinese bet365 code Journal" Issue 1804, October 30, 2019 Author: Wang Xiong

After the Renaissance,Natural bet365 code methods will penetrate all aspects of social bet365 code fields,People use astronomical pictures to describe Queen Elizabeth's power;Using William Harvey’s theory of heart function as an analogy to the role of Charles I;Grotius and Leibniz tried to use mathematics、Geometry Interpretation Law;Hobbes seeks to base the new bet365 code of motion、Concepts of Neo-Confucianism and New Physiology Create a bet365 code About Politics or Law。The French College later even established a new "Academy of Moral and Political Sciences",People are obsessed with mathematical equations,Thinks that the field of social sciences can also produce its own Newtons and Harveys,Law is no exception。

Attempts to scientificize law have existed since ancient times,Aristotle in Book 4, Chapter 3 of Politics,Proposed to use the method of studying animal organs to study the internal structure of city-states。The Corridor School believes that studying nature is to study human life。Even "The Collection of Doctrine" and "Justinian's Ladder of Law" also believe that law is the bet365 code of justice and injustice。In ancient times,Studying natural bet365 code and studying law are mutually beneficial。But in modern times,When scientific methods try to infiltrate jurisprudence again,But encountered a dilemma,It seems that physical things and ethical things are separated by an unbridgeable gap。Visible,There are changes in the scientific nature of law from ancient to modern times,The modern scientific revolution has reshaped scientific concepts,But law is an ancient knowledge,Continuing to this day。

In fact, the concept of law is earlier than the concept of bet365 code,Although in the early Middle Ages,The word bet365 code appears in English,But I don’t usually use it that much。Newton called himself a natural philosopher,Don’t call yourself a scientist,The name of his masterpiece is "Mathematical Principles of Natural Philosophy"。bet365 code was widely used in the English-speaking world only after the 19th century。At this time,The scientific and technological revolution has completely changed the connotation of bet365 code,bet365 code at this time carried modern scientific concepts。Modern bet365 code is about technical measurement and other methods of the objective world,Of course this method cannot be used to measure justice and injustice。In "Making bet365 code a Career",Weber denied the moral enlightenment role of bet365 code,Think that is a fictitious ideal。So,The "bet365 code" in "The Collection of Doctrine" is not the modern "bet365 code" as we understand it,But ancient "bet365 code"。

Claudius Ptolemy,About 90-168) The understanding of astronomy in his famous work "Almagest" represents the ancient scientific view,He said "The ultimate goal of astronomy is moral and spiritual development"。Thousand years later,Aquinas (1225-1274) continued this view of bet365 code in the Summa Theologiae: bet365 code is a mental habit or intellectual virtue。After the Scientific Revolution,The scientific concept of virtue or mental habits was modernized、Systematic scientific concepts are gradually replaced。“bet365 code” becomes methods and doctrines。The following 17th century was a century of genius,Afterwards,"bet365 code" has achieved great success。

Influenced by those scientific giants,A large number of political scientists、Jurists hope that in political behavior、Introducing scientific methods in the fields of legal behavior and ethics,Strive for the precision of social bet365 code,For predictable results。Hobbes derived his firm belief from Descartes and Galileo,He extended Harvey's physiological theory to the field of political and social bet365 code,Leviathan is an "artificial being",Sovereignty is the “soul” of a person,Officials or other administrative personnel are "joints",Rewards and punishments are "nerves",Currency is the "blood" of the country,Wait。Grotius strives to free the concept of natural law from its divine origin,Like people use mathematical rules,Use reason to understand natural law。Christian Wolff pushed this effort to scientificize law to a climax,The subtitle of a book he published in 1754 was "All obligations are solidly deduced from the essential thread of man"。He thinks,From the higher axioms down to the smallest details,All statements of natural law should be deduced according to flawless deductions。Since then,The true bet365 code of law can begin。But less than a hundred years,By Kirschmann(J. von Kirchmann’s wake-up call,In 1847 Kirchmann gave a lecture on the theme "The worthlessness of jurisprudence as bet365 code",Comprehensive denial of the scientific nature of law。Next,1869,German jurist Jerlin published the magnificent article "Is Law a bet365 code?"?》,Trying to interrupt the “dream of an axiomatic system” of jurists。The scientific issue of law has fallen into a century-old war,No results so far。

However,This problem did not exist before the scientific revolution。In ancient times,When we talk about legal bet365 code,Not talking about a strict system of rules,But talking about the standards of justice and injustice。The first volume of "The Collection of Doctrine",“Jurisprudence (iuris prudentia) is the knowledge of the affairs of gods and men,It is the bet365 code of justice and injustice”。This definition comes from Ulpian,Ulbian defines law as a bet365 code,But this bet365 code is not modern bet365 code as we understand it。Spanish legal philosopher José Antonio Martínez Mu?觡oz) believes that Ulpian is in general、Using the word "bet365 code" in an imprecise sense。This is a misunderstanding of Ulpian,It is tailoring ancient scientific concepts to current scientific standards。If we return to the classical concept,You will find out,bet365 code does not exclude virtue、Discussion on happiness。The exploration of natural phenomena is to reveal the principles behind natural phenomena,And use it to guide human life,Arranging God’s affairs and human affairs。Modern bet365 code may refer to the discussion of natural phenomena as natural bet365 code,The discussion of human life is called humanities,Actually in ancient times,The two cannot be completely separated。The purpose of bet365 code is to explore the goodness of nature,And guide human life。So,In a classical context,The study of law in human affairs is a bet365 code。

And the main task of this bet365 code is to distinguish justice from injustice in the affairs of men and the affairs of God。Maybe modern people cannot understand why this kind of distinction is scientific、Reasonable,The reason is in addition to the differences between ancient and modern scientific concepts mentioned above,Also because this activity of distinction is related to the exploration of "nature"。Cicero believed,Law (ius) originates from law (lex),And law is the standard of justice and injustice (On Laws, Volume 1)。In Cicero’s opinion,The reason why the law can scientifically and reasonably distinguish between justice and injustice,The law conforms to the most ancient nature,Nature that corresponds to the beginning of all things (On Laws, Volume 2)。The "nature" here is not natural phenomena such as flowers, birds, fish and insects,It’s the natural way behind natural phenomena,That’s why it can become the standard for distinguishing justice from injustice。Whatever is in line with nature is righteous,The highest rationality in nature is law。The study of "nature" is the study of the roots of law,The study of nature and the study of law are identical。Studying nature was the main task of bet365 code or philosophy at that time,Studying law is naturally a scientific cognitive activity。

Although Cicero did not mention the Galleria,But obviously affected by it。As the second generation leader of the sect, Chrysippus wrote "On the Laws",But lost,The "Early Langxia Sect Collection" retains his sentence: "The law must be the standard of justice and injustice,Determining what animals who are political by nature should do,And ban what they shouldn’t do。"This is the direct origin of "Law is bet365 code" in "The Collection of Doctrine",It’s just that Chrysippus replaced “bet365 code” with “standard”,Because Chrysippus believes that "justice and law、Correct rationality exists based on nature,Does not exist according to agreement” (“On Morally Beautiful Things”)。Law is a standard,This standard is not artificial,It is an existence rooted in nature,This standard can only be found in nature,And this process of searching is the process of scientific inquiry。Chrysippus says in On the Purpose,Our individual nature is part of the nature of the entire universe。This is why purpose can be defined as living according to nature。In other words,Right reason pervading all things is identified with Zeus and the Lord of all things,Exploring nature and exploring God’s intentions、Exploring legal equivalence。

In this sense,Classical jurisprudence is not a bet365 code that studies natural phenomena,But study the truth behind natural phenomena。Because,All human affairs must conform to the natural order of the universe。Exploring the natural order,Then using it to guide human life was the philosophical task at that time,Law is one of the small tasks。It will bring the affairs of God and the affairs of man under the rule of the order of the universe,This way of ordering the universe is law。Exploring the order of the universe was the bet365 code of the time,The study of law is naturally also a bet365 code。

Visible,In ancient times,People accept that law is a bet365 code,Because bet365 code at that time included both natural bet365 code,Also includes humanities,Refers to a set of knowledge systems。This set of knowledge does not exclude justice and virtue,Quite the opposite,It actively explores justice in nature,To guide human life。But,bet365 code becomes increasingly empirical after the scientific revolution,Specifically refers to natural bet365 code in a narrow sense,The pursuit of accuracy and logical spread,When we use such bet365 code to measure jurisprudence,You will inevitably fall into the quagmire of "whether law is a bet365 code"。

  (Author’s affiliation: School of Political bet365 code and Law, Capital Normal University)

Editor: Wang Ning
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