Hegel's "Principles of Law Philosophy" The teaching background of being ignored
November 27, 2019 09:49 Source: "China Social Sciences" November 27, 2019 Total 1824 Author: Yao Yuan

1818,Hegel, who originally coached the University of Heidelberg, came to the University of Berlin,Affairs of the vacancy after the death of Fishte's death,and was ordered to offer a law philosophical course。The "Principles of Law Philosophy" (1820),It is the teaching outline of the students facing the students of the University of Berlin。The standard course in the opening announcement is "Natural Law and State Studies",This is the source of another title ("Natural Law and National Studies")。This book is not a job to respond,On the contrary,Hegel has done enough preparation: first,Relying on the two volumes of "Logic" (1812-1816) to clarify the nature and methodology of speculative knowledge; 2,Passing through the 1817 Heidelberg version of the "Full Book of Philosophy and Science" announced the entire system of the entire system and the exclusive position of the law philosophy (Section 400-452,that is "objective spirit"); third,With Yaa、The accumulation of legal philosophy knowledge during Heidelberg and Berlin。This textbook has caused the interests caused by Marx's "Critical Critical Criticism in Hegelfa",Also due to the inspiration of the Hegel Fuxing Movement and the Philosophy of French Philosophy itself,Becoming Hegel's attractive and controversial works。The academic community is currently inclined to assume that the principle of "Law Philosophy" is a simple academic work,I rarely talk about the teaching considerations of the book。

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As far as Hegel's philosophical principles are concerned,Legal philosophy does bet365 live casino games not have a special relative importance。For this,Hegel of the year of the year of Pent universe suddenly created and published and published most heads of legal philosophy textbooks,Quite intriguing。This phenomenon shows the important teaching mission of the "Principles of Law Philosophy": Lide Tree Ren。

The central task of Lide Tree is educating,Educational connotation varies from person to person due to time。From Hegel's view,The so -called Education,is the special characteristics of the carving people,Make it in line with rational goals or nature,It is to set something through thinking as a common thing in consciousness,to overcome simple emotional things,It means to get rid of the direct nature and simplicity of nature,Instead of pursuing systematic (that is, the promotion of general objects)。Education is a difficult scientific work,It is not suitable to borrow methods from low -level sciences such as mathematics,It is not advisable to listen to the inner intuitive assertion or the reasoning of external reflection。Education in the specific kingdom of the law,It is more difficult than simply teaching legal knowledge and legal skills,and its meaning is not the same as small,There are two more special backgrounds than enlightenment in the field of pure philosophy: first,As far as Hegel's Greek tradition and Hebrew tradition are concerned,"Fa" has a sacred source,It is a bond between the world and the order of the universe (human law emulates the god law,City -state is a universe with a miniature),It is the teaching and training of God's gift (can be said,Law itself is the most important education),Then as the basis for the disaster punishment; second,The relevant concepts and systems of the law have gone through 2,000 years of development,To Bet365 app download the Hegel era, a solid body has accumulated (from Rome "Twelve Tables" to "Napoleon Code",Its meaning definition is directly related to the lives of everyone、Freedom and property,Directly related to the rights and obligations and action expectations of everyone,Modify or reshape。Facing such a solemn and magnificent teaching topic,On the one hand, Hegel is sorting out through text and classroom explanations,Strive to guide students to slowly familiarize with the spirit of the spirit, that is, the internal development of the concept (this is the absolute method of knowledge,It is also the inner soul of the content itself),Looking forward to the lecturer's enhancement from a practical vision to a scientific position; on the other hand, it must also adopt the meaning of legal materials to be accommodated to a considerable extent (although it has built a different narrative framework for it),And this adoption is based on the premise of mastering the existing legal civilization, especially the Roman law tradition,。

The enlightenment of the philosophy of law, of course, will not be smooth sailing: natural or traditional legal sense,and the doctrine that has been popular in ancient times to present,All are competing for the right to control the ideology of students。So Hegel in the additional note text,Something spares no effort to criticize the pure physical concept of the pure physical and special characteristics of ancient or Oriental,Criticizing the non -organic constitutional principle of the feudal monarchy and monarchy,Empirical psychology of criticizing the theory of early modern law theory,Criticizing the Personal will of the Personal will created by Rousseau's social contract theory,The orientation of criticizing political economists to equate the country with Bet365 app download or about the civic society,Criticizing Kant's Factism Ethics and Contractive Marriage Views,Criticizing the request of the French Revolutionary to establish a negative view of freedom from scratch,Criticizing Napoleon's delusions for creating a constitutional structure for a country by relying on Napoleon,Criticizing the anti -reasonable country view represented by Harler,Criticizing Savini's unbelievable attitude towards Germany's national codes,Criticizing the subjective doctrine of subjectiveist democraticism represented by Frister,Criticizing repeatedly appearing in the intellectual industry at that time or the inductive theory of the spiritual world (opposite)。Young elites studying in Berlin Once they are sinking at any of the above thoughts,It is possible to cause negative or even catastrophic effects on the future Prussia。Publication of the resolution of Karsbad in 1819,Further strengthening restrictions in this area,Forced Hegel to temporarily withdraw the first submitted draft and make a significant modification。It can be said,Criticism scattered in the "Principles of Law Philosophy",It is both the results of philosophical discussion,It is also a political responsibility。

Hegel pointed out,The legal philosophy as a teaching content is no longer a private skill,but have a clear public value,Main or purely serving the country。Specifically to the historical background of Prussian year,French philosophy must urge students to take the post -war state reconstruction and national rejuvenation cause,After all, that is the era when the founding of the three factions of the left, middle and right,。For this,"Principles of Law Philosophy" clearly attributed its content to "Try to grasp and explain the country as a kind Bet365 app download of rational thing",The architectural art of a rational country。The political structure performed in the "Principles of Law Philosophy",Constitutional monarch system with hereditary kingship and peak: it inherits and improves the former level system and hierarchical meeting of the empire,Fighting France's radical democratization and terrorist rule against France with the principles of political organism,Subjective freedom to accommodate modern civic society and fully reveal their vitality,But through justice、Police and the Association of the same industry to guarantee、Restrictions and correction,To some extent overcome the infinite interest trend of the industrial and commercial movement,Lay the foundation for the civil society to the country's transition。This solution is by no means the defense of the current situation of Prussia,It is a modern German scale、French and British scale folds,Teachings of textbooks combined with academic logic and political logic。

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Hegel cares about the teaching effect,It is advocated to actively guide students who are not used to speculative,This has several characteristics of the "Principles of Law Philosophy" in terms of system: First,Write in the progress of class discussion,and in each article、Each chapter、The beginning of each theme,Introduction or trailer for resetting summary,For example, section 1-33, etc.。This type of discussion structure is invisible in Hegel's writing in the handlessness of teaching results。2,The whole book is divided into "Abstract Method" in the previous article、"Morality" and "Ethics" for the next article。This directory division is by no means the appearance classification made by existing materials in accordance with foreign bet365 Play online games reasons,The inherent distinction of the concept itself: it is convenient for students to take the overall medium and mark,​​does not equal the splitting of the field itself; on the contrary,Each part of the content is connected along a certain clue (for example, see 71、81、104、128、141、181、256),In principle, both the duality of the system development of the system is not even multiple.,It is not allowed to reverse the order or disconnect for righteousness。third,Many texts are accompanied by "Appendix",These interpretations are the instructions that Hegel adds and repeatedly supplemented,It aims to compare various similar or different concepts,Make the text more abstract content more clear,further conclusions from it。20th century German famous German scholar Karl-Heinz Ilting, compiles and publish Hegel's lectures,enables us to systematically appreciate the teaching style of Hegel in different semesters,Sui Cheng Cheng's good story。

Leaving aside Hegel’s bias and restrictions on the times,"Principles of Law Philosophy" is not only based on meticulous thinking in teaching and educating people,and the density and thickness of intelligence beyond imagination,Almost all the achievements of European legal culture since ancient Greece and integrate it,It can be called a complete legal theory of legal theory materials and history of legal thought。This looks like,Marx's choice of "Principles of Law Philosophy" as the ultimate critical target of youth is indeed far -sighted,It is equivalent to creating the opportunity to systematically reflect on the core category of Western secular civilization and modern standards,The historical materialism that was born from this is really qualified to illuminate the new human civilization life。

  (This article is the Study of French Origin of the National Social Science Foundation "Research on the French origin of Marx's legal thought" (17BFX161) and Jiangsu university brand professional construction project funding project results)

(The author is an associate professor at the School of Law of Nanjing Normal University and the Associate Professor of the Institute of Modernization of China)

Editor in charge: Wang Ning
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