Since the rise of positivist philosophy in the 19th century,An important method in social science research、Even a research perspective that has a certain dominance is the so-called "methodological individualism"。The core proposition of this methodology is,The observation of empirical actions in human society should be explained and described from the perspective of individual subjective intentions and behavioral choices,Then identify the social phenomenon in the overall sense、Social actions and social interests cannot be explained,In the end, bet365 sportsbook review must be restored to individual actions and even subjective preferences and motivations。In the field of legal studies, This individual reductionist research perspective is also very popular。for example,The most important theory of demonstrating and constructing the legitimacy of the country is the social contract theory,States and laws are nothing more than atomic individual subjective choices、Agree through negotiation、The result of leaving the natural state。Therefore,Abstract public interest and community will do not exist,Only rights and freedoms in the sense of purely private ethical laws are the fundamental starting point for us to observe legal phenomena。Methodological individualism has played an important historical role in the evolution of the modern rule of law,Especially the growth of civil society and the formation of constitutional states in the modern West,Individual free will、Spontaneous market order and constrained state power,All have obtained important proof from this methodology。bet365 sportsbook review can be said,Methodological individualism is morality and custom、Freedom and Order、The epistemological sources of dichotomous categories under various modern conditions such as market and state。However,This research perspective also has some limitations。Can be derived from logical paradox、Explain from three dimensions of value overload and reality confusion。
First,The so-called logical paradox lies in,bet365 sportsbook review cannot effectively alleviate the contradiction between "contract and general will"。Methodological individualism does not advocate the self-sufficiency and ethical priority of individuals in the state of nature,Otherwise, bet365 sportsbook review impossible to explain why states and laws are created through contracts。The state and law are a kind of "general will" after selection,The "general will" must be based on some homogeneous standard and foundation。This homogeneity is whether bet365 sportsbook review the natural law such as "treaties must be observed" advocated by Hobbes,bet365 sportsbook review still the "commonness" emphasized by Rousseau、General Will”,If there is no external standard and observation perspective that is independent of the individual,We cannot logically explain why heterogeneous individuals can stably form a homogeneous will,Who can oversee the continued existence of this stable society。
The essence of Rawls’s “stability problem” is that,The contract itself presupposes individual priority,But how to generate a homogeneous common will from each individual action from the first-person perspective?How does the transformation of consciousness from "I" to "we" happen?If "we" is just a simple superposition of countless "I"s,In the entire process of making a covenant, "I" can only be aware of "I",And cannot be aware of others besides "me",In fact, the thing "us" will not really arise,There will be no real "general will"。Since there is no general will,That means the contract has not been reached at all,The contract theory cannot be established;If a general will arises,It means bet365 sportsbook review independent of the contract,bet365 sportsbook review separated from the contract,Contract is not the stability or the only source of general will,Contract theory also fails。In other words,If individual consciousness does not successfully achieve universalization that is relatively independent of the individual,It cannot explain the legitimacy and validity of individual choice contracts。In a nutshell,bet365 sportsbook review difficult for methodological individualism to truly form individuals and countries logically、The organic connection between contract and general will。
Second,The so-called value overload is,Methodological individualism can easily slide into a thin view of freedom,Forcibly bind a neutral bet365 sportsbook review method and perspective with some substantive value judgment,And crudely condemn other bet365 sportsbook review perspectives from a value standpoint。for example,Observations on market behavior,Of course we can think that the market can actually be reduced to the superposition of the needs of countless individuals,bet365 sportsbook review "a kind of human action、But bet365 sportsbook review not a spontaneous order deliberately chosen by people”,But is this order a guarantee of freedom??Can this kind of order guarantee people’s freedom??We observe this “extended order”,However, it cannot be proved or guaranteed that everyone’s free ability has been expanded under this order,In a nutshell,“Freedom to expand” cannot equal “freedom to expand”。
When Japanese jurist Kawashima Takei observed the development of civil society in modern Western Europe and the history of Japanese modernization,We come to the conclusion that pure spontaneous market order is not a sufficient condition for the successful codification of civil laws (codes) that protect rights,The latter relies on individual independent personality that has escaped the feudal hierarchy,Also relies on the will of an independent country that is free from religious dependence,especially its will to independently exercise legislative power。Civil behavior is a liberal order,But the civil legislative act that protects civil acts is the will of the state,The historical coupling of independent national will and independent individual personality is the source of the liberal order of the Civil Code。Therefore,Holism and individualism from the perspective of methodology,They are all value-neutral explanations、Describe activity,bet365 sportsbook review does not necessarily presuppose the protection or infringement of freedom in terms of value。In other words,Research from the country,The assertion that the will of the state has some independent epistemological value,Nor the enemy of rights and freedom。
Third,The so-called reality confusion is,If we can only presuppose the bet365 sportsbook review as the starting point and final basis for observing society,So how do we explain the role of people’s social identity and justice mechanism in reality。Each of us builds self-awareness based on the life world established by a certain culture and community,The establishment of self-awareness and social awareness is a synchronous life process。The motherland in this process、Hometown、Parents、Neighbourhood and other cultural symbols that go beyond self-awareness give us the meaning of identifying "who we are"。The biggest problem with methodological individualism is that it shields people’s cultural and historical attributes,Abstract human nature、Air-drying means “the existence without time and space”,Ignoring human social inheritance,This is related to extreme methodological holism,Such as the observation perspective of systems theory,The same simplistic and crude approach exists。What’s more important,If methodological individualism is perfect,We cannot explain the concept and mechanism of justice,Because justice must be a relational existence,bet365 sportsbook review a public judgment,It cannot be formed and interpreted through individual consciousness。
In the final analysis,Methodological individualism has a strong reductionist tendency,Constructing an individual and whole in logic、Comprehensive methodology for dynamic balance of values and institutions,Emphasis on action and structure、Subjective and objective、Interaction of intention and order、Coupling,Maybe bet365 sportsbook review a more scientific and rational research method。
(The author is deputy dean bet365 sportsbook review Law School of Renmin University of China、Professor,Researcher at the Contemporary Political Party Research Platform of Renmin University of China)
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