Savini: Find the dignity of law
November 27, 2019 09:49 Source: "Journal of Social Sciences", November 27, 2019, Total No. 1824 Author: Zhuhu

During the rational law period before Savini,Law is part of the philosophical theory of the philosopher's architecture; the natural law of rationality lies in the real law,After that, to avoid the empty hole of the rational law,Grave the real law into the rational law。Facing a rational storm of rational storm,Savini picked Hurd’s theory,The banner of history of history,Transfer your eyes to cultural power and national spirit。History is not outside rationality,Itself contains rationality; the law is not in the concept of rational law,but the kingdom rooted in history,Based on the continuity of history,The Roman law of the Middle Ages indicates the association between the ancient Roman law and the modern European law。Contemporary Law is pre -determined by the historic and irrational law of law,At this time,The system of doctrine also builds the materials of contemporary Roman law on historical continuity,Historical law provides legal materials。This farewell to the rational law,revealing the historical doctrine and historical direction of the law,Law science has won a new status that comes to compete with philosophy,The historic reflection of the French later in the 19th century is reflected in all important legal schools in the 19th century。but,Savini still inherits the tradition of natural law,It is believed that the common tasks of all laws can be traced back to the moral regulations of human nature,Although the method does not consider the moral implementation of will,But good sent out from freedom,The law must ensure the possibility of the free will of individual bet365 live casino games good and evil choices,and good customs、Public order, etc. Although the common goal with the law,but in the field of legal。Therefore,Dharma serves human moral dignity and freedom,but did not lose its independent existence accordingly,This also contains Kant's form of ethical concepts about distinguishing legitimacy and morality。

This idea is reflected in Savini's legal origin theory。He used a human life itself -he used a slightly mysterious vocabulary "national spirit" -as the original basis of the law,All real laws were originally national laws,The habit is just the logo of the real law rather than。but,The forms adopted by the law in the national spirit are not abstract rules,Instead, "The vibrant intuitive of the legal system in the organic connection"。In order to give a clear external form,Ethnic law is the legislative (formulation method) and the science law (law,or legal science) as two organic compositions,Even "the most important and most important part of the early national law,It is dealt with through legislative and scientific laws,The national law is almost completely covered by the formulation law and science institute,Continue to exist in the formulation method and science "。Legislation may also be the order of rationalist legislators and decide with the national spirit,Savini to overcome this,Almost no reflection believes that "the legislators are not outside the country,Instead, it brings together the spiritual value and needs of the national nation ",The legislators are regarded as one of the true representatives of the national spirit。but,Savini sets the limit of the legislation at the same time,Limit the legislation in the boundary of the uncertain details of the specific details of the national law and the development of the bet365 live casino games promotion method。If a specific trend in the national spirit is clearly visible,You can support this trend strongly through legislation,However, this trend cannot be created by legislation; if this trend is completely lacking,Legislative Legal Legal Legal Legal Legislative Legal Legal Legal Legislation,It will only make the status quo change and exacerbate the difficulty of innovation。Legislators cannot arbitrarily delusion,It must be based on "the most complete overall intuition of the organic legal system","Constructing the abstract regulations of the formulation method through human procedures"。

What about law? The national spirit is the political factors of the law,and the scientific law is the technical factors of the law,At this time, the scientific law is already as important as the national spirit。From the view of Savini,The legalist class is part of the nation,Law continues to exist in the common consciousness of the nation,But its more accurate specific development and application is a special mission of a jurist。The legalist class has a dual effect,First of all, it is a substantial effect,That is, the activity of law scholars continuously generates the law as an agent of the nation; followed by a purely scientific form,That is, the inherent unity of the law in a scientific way,Make the law a organic body that can constantly generate new rules。From this,Savini continues Hu Guo's thinking about the spiritual form of law and the relationship between law,The law generated based on national spirit is the material of law,Historical,But the law should deal with these materials,Establishing a general spiritual connection between materials,Form a unified system of spiritual spirit,This will see the spiritual pursuit of the times where Savini is bet365 best casino games located,Share system pursuit with the Law of Reason。Jurists should pay attention to the template function of Roman law,On the one hand, you must have historic perception,To fully understand the common consciousness of the nation,"Each material starts from the origin and starts from the origin,and found the principle of organic,So that those vibrant parts can be completely died with those who have completely died、To make a distinction between the part of the paper pile of history ",With the intuitive ability of history; on the other hand, it must also have a systematic perception,Perception basic principles,Explore the internal association and similarity of all legal concepts and rules,Incorporate each concept and specification into the overall and interaction of its interaction,Transforms the durability of national law into the commonality of the scientific law,The construction ability of the system。At this time,The law system has not abandoned history,Not "the history of the history" or "the history of history",but "On the history of history",Perhaps opponents of historical intuition and system construction Final fusion building constitutes a higher unity、Organic System: At this time,The method system is a self -generating、Organic body for self -development。

Savini's attitude towards the relationship between legislation and law is directly reflected in his codes concept。It is impossible to make a unique law from the codes,Contrary to,Code depends on Law,Because the code is not a pure mechanical assembly,but an organic overall system,This can only be dependent on the pure familiarity of law。The codes make the temporary results of the law of law fixed,But because its magnetic suction power is not allowed to perform natural purification and bet365 live casino games improvement through the continuous development of science,"A medium -level category should strengthen this status of this rigid view of the law than other means"。Law does not only formulate a codes、Accurate understanding and applicable codes are essential,It is also indispensable for the further development and improvement of the codes.,"The code is generated through the theoretical channel,Therefore, it can only be accurately examined through the theoretical channels、Purification and improvement "。Code is not universal,Can't make the judge only mechanically apply the law,But it can't be discussed,In each case, the judge will discover the law -between these two pole vast areas,Law can play a communication role。Therefore,The code itself is just a middle point rather than the final point,Kung Fu is not in the codes and in the law。Even if everyone wants a more secure legal basis,Able to fight any and unfair interference,But in Savini's view,The correct means are not formula or a codes,and lies in organic development。

Facing the possible separation of law and judicial practice,Savini also tried to rebuild the unity between them,The method adopted is still the scientific system。The way of thinking and judicially is the same,It is not only focused on the text of the formulation method,Also need a system、History and logic,It even has a limited expansion and restricted interpretation based on the foundation of the formulation method,and the self -improvement of the organic system to push the class。The concept system formed by the intuitive history of history,Just describes a specific section of the Fa,Therefore, in the process of explanation,"Reverse Restore" must be performed through completely opposite procedures,Re bet365 live casino games -organizational to have an organ and organ,Continuously adding organicity in combination with the reality of life。Each theoretical researcher must maintain practical consciousness,Through historical intuition, his theoretical is vibrant; and each practitioner must maintain and develop theoretical consciousness,Only continuously have a clear and vivid consciousness of the whole,Only learned from specific cases。Otherwise,"The theory will be reduced to a game,and the practical downgraded into a simple skill ",The theory has no practice is empty,Practice is blind。Therefore,In Savini's vision,The most scientific is the most theoretical and most practical,"It is the theoretical、Science consciousness,Only to make the practice richer and meaningful "。

Multi -faceted method,The answer to "what is the law" includes the law is good、Method is the command of the sovereignty、Fa out of the mouth of the judiciary, etc.,And Savini made his own answer,The life of the law lies in scientific law or legal science。Similar to Kant as to ask "How can you know",In Savini's legal theory,The theme that runs through is always "how the dignity of the law itself is possible",It wants to seek the dignity of the law of law — law is no longer the maiden of philosophy and politics,Instead, it has independent value and foundation。He served in the spirit of the German era at the time,The law in its mind is legal science,It is a unity of historic and systemic。Law scholars are not "Rice Bowl Scholar" criticized by Schiller,should have "philosophical minds"; law is not historical theory and strategy,and truly formed a scientific theory。Maybe,You can make a variety of criticisms for this,For example, Criticism is based on national democraticism,Bet365 lotto review Curvitz criticized historical law to abandon social reality and is essentially "non -historical",Viacell criticized its lack of mature practical reason。But I can't deny it,After the Law Development,Whether it is Puchta’s conceptual law、Law of the utilitarian purpose of Yelin、Heke responded to the interests of Liberty Law、Lama's evaluation law, etc.,All starting the point with Savini。Multiple tension contained in Savini's thought,It just laid the reservoir of law。Maybe,For us,Tomorrow’s yesterday yesterday has not arrived today。

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