Hegel's legal philosophy is considered a concentrated manifestation of conservativeism for a long time，Not only is Hegel himself being regarded as the official national philosopher of Prussia，It is even accused of being responsible for those ideology that appears behind it，After all, the Nazi jurists waving the banner of the new Hegelism。But，With the gradual recovery of Hegel's interest in Hegel in the second half of the 20th century，The evaluation of its legal philosophy also begins to become positive。The reason why this change happened，To a large extent, due to the need for liberal critical criticism of the western academic circles for the mainstream ideology，and Hegel's legal philosophy is the tank of liberal criticism。The era of life in Hegel，The modernity of the core element with enlightenment rationality has already caused the far -reaching consequences，Especially in a country like Germany that enters a late modern country，The transformation of modernity seems particularly severe。dissatisfaction and alienation caused by modernity，The theorists of Hegel and its contemporary times have reflected on the rationality of enlightenment，Specific to political law，It is an attempt to surpass the natural rights and social contract theory invented by the invention of classical liberal thinkers。

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Natural rights are the most basic presets of Western liberal law philosophy，Many arguments of related bet365 live casino games rights in contemporary West，Regardless of its point of view、How about position，But most of them are carried out around the theory of classical natural rights。Classical Nature Rights Theory，Passing Hobbes、Locke to Kant、Development of Figita，The era to Hegel is already colorful and mature，Hegel reflects the comprehensive system in the writing of "On the Scientific Method of Treating Natural Law" and other writings。From Hegel's view，Hobbes tried to launch natural rights from the desire to preserve individual self -preservation，Obviously, it has committed "the fallacy of naturalism" from the "right"。and Locke's doctrine is slightly mixed: he sometimes tries to launch natural rights from the animal's sexual desires that he is self -preserved; in other occasions，Try to support his view of rights with rationality and divinity。But，From Hegel's view，Locke's argument unconsciously falls into a circular argument，Put the results you want to get in the natural state。For the above Hobbes、Locke's empiricalism enters the road，Hegel made the following evaluation: this philosophy "dismembered (phenomenon) to dispel and improve substantial abstraction and details to an absolute height"。

Different natural rights doctrine with empiricalism，Kant and Ferchit's priority tried to give the rights more absolute and moral dignity。From Hegel's view，The main problem of the philosophy of Kant's rights is，It is difficult to derive any specific social and political norms from the principles of pure formality。other，Kant's insistence on the will of goodness will also lead to the predicament of the "beautiful soul"Bet365 lotto review ，Because of fear of your own behavior and actual storage, you have defiled the conscience，Falling into a weak and weak state of evasion。Similar to Kant，Fisht interpreted natural rights from the prior structure of self -consciousness，But based on it, a "locking commercial country"。From Hegel's view，This system design full of monitoring and management is not attractive to say。

　　Negotiation of national doctrine centered on social contract theory

Hegel's attitude towards natural rights theory and social contract theory is not the same，For the former，He holds more attitude abandoned，To better preserve the development of natural rights theory through reflection，and the latter takes a completely refusal attitude。From Hegel's view，No country is based on the contract，Because the contract is based on any of the individual (Willkür)，If the state is based on any of all people，is wrong。The reason why modern state improves，It is that it is a purposeful purpose，instead of like the Middle Ages，You can establish contact with the state through the agreement between private。Like the Polish aristocracy, it is claimed to be a "sacred contract" with the monarch or the ministers，It is nothing more than maintaining the privilege that they can use violence and enjoy for a long time。This opinion of Hegel was progressive at the time，Because orthodox public laws like von Halle still regard the country as a privacy of the monarch。

The negation of Hegel's negation of social contract theory will inevitably lead to the rejection of the theory of people's sovereignty。From Hegel's view，The people's sovereignty opposite to the monarch'Bet365 lotto review s sovereignty is a wrong idea，If there is no monarch，Political structure that does not directly associate with the monarch，The people are just the lack of inherently prescribed non -fixed shape。This point of view of Hegel，To a large extent, the general attitude of the German nation to Rousseau's radical democracy and the horror of the French Revolution。In his opinion，Rousseau as the basis of the foundation of sovereignty，It is not more meaningful and content than cutting a cabbage or swallowing a mouthful of water，However, it is required to cancel all levels and geniuses，All traditional systems and practical judgments。The French Revolution as the practical consequences of this theory makes "all prescribed factors disappear with the loss of self -free state and disappear without trace"。

　　Build the theory of law governing the country with the right to recognize the rights

Although Hegel tries to overcome the theory of classical natural rights and refuses to accept social contracts，But he is not a typical conservative，Not only as revealed by his disciple Heine，"Everyone who is reality is reasonable" is that "as long as it is reasonable, it will be realized"，At the same time in Hegel's criticism of historical law，He never thought that some concept or system got sacredness because of his ancestors。Hegel's critical purpose is，By reflection on natural rights，Provide these rights with a more solid foundation，On the basis of this, a set of RECHTSSTAAT theory。Different from trying to achieve a universal natural rights from trying to get rid of the specific context，Hegel develops an recognition right。Hegel Bet365 lotto review thinks，In the essence of self -consciousness, there is a recognition desire，That is, everyone tends to obtain the recognition of others and does not admit others，This has led to the fighting struggle of the dead slave between people，Dialectical expansion of the struggle of the main slave finally recognizes each other between the subjects。Specific words，Personal rights that are closely related to personality，One is property right，Property is not only a tool for achieving material purpose，It is also a means of development，The other is the right to express and freedom of speech，Although public opinion is a mix of truth and infinite errors，It is worth paying attention and worthless，But the existence of this right，Makes modern countries not only obtain authority from insights and reasons from strengths。

On the basis of recognizing rights，Hegel has developed a unique theory of rule of law。Hegel opposes the night alarm state advocated by liberals，This kind of "intellectual country" or "external country" that only treats the country as a guarantee means of order and peace is essentially just a civic society。and the real country，That is, "Internal State" said by Hegel，Not only the external union of the individual and the external limit of individual rights，At the same time, it is a concrete implementation of the concept of freedom。In the country，The right of individuals not only recognizes，At the same time, it is also associated with the general object because of its own limitedness。Compared with the traditional natural law theory，The theory of the rule of law in Hegel emphasized the conventional nature bet365 best casino games of the law，Try to replace the premium law or natural law of those who have long been considered to be an empirical legal basis for a long time，And the dignity of this law is highly applicable to the general applicability of the law.。Also because of this，Hegel is particularly favored by the law of the law, especially the codes,，and the ancient and kind law advocated by Hu Guo and others have no patience。

Overall，The criticism of Hegel in the philosophy of classical liberalism can be called a model in liberal criticism，He abandoned the claims of classical liberals，The rational factors of almost every liberal solution are retained in their doctrine。But that is different from classical liberals，Hegel pays more attention to the institutional context that the basic human rights can realize，It is the family、Civil society、The rational factors of almost every liberal solution are retained in their doctrine。Of course，The above evaluation does not mean that Hegel's doctrine is no problem，As the youth Marx pointed out，Hegel's legal philosophy has made a head -and -foot inverted error in the relationship between civic society and the country，Taking the bureaucratic class as a universal class is a kind of self -deception, etc.。But，It is Hegel's philosophy，Political country for Marx's critical bourgeoisie，Completion of revolution in the tradition of philosophy of Western law，Provided theoretical forward base。

　(This article is the "State ownership of the Constitution" (16yjc820039) phased achievement of the Humanities and Social Science Fund Project of the Ministry of Education (16yjc820039)

(Author Unit: Institute of Science and Law University of East China)