Limitation of "Methodology Personalism" in legal studies
December 30, 2020 09:31 Source: "China Social Sciences" December 30, 2020 Total 2080 Author: Wang Xu

Since the rise of empirical philosophy of the 19th century,A important kind of social science research、Even a research perspective with a dominant position is the so -called "methodology individualism"。The core idea of ​​this methodology is,Observation of empirical action on human society should be explained and described from the choice of individual subjective intentions and behavior,Then determine the social phenomenon in the overall sense、Social actions and social interests cannot be explained,In the end, it must be restored to the individual's action, even subjective preferences and motivation。In the field of legal research, The research perspective of this individual restoration theory is also very prosperous。For example,The most important social contract theory in the theory of demonstration and constructing the legitimacy of the country is considered,The country and the law are just an atomic individual subjective choice、Reach consistency through negotiation、Results of the natural state。So,Abstract public interests do not exist with the will of the community,The right and freedom bet365 best casino games in the sense of pure private ethics is the fundamental starting point for us to observe the legal phenomenon。Methods individualism plays an important historical role in the evolution of modern rule of law,Especially the social growth and constitutional countries in modern western citizens,Individual free will、Spontaneous market order and restricted national power,All obtained important proofs from this methodology。It can be said,Methodism individualism is moral and custom、Freedom and order、The source of the two -point method of the category of two -point method under the market and the country and other modern conditions。But,There are also some limitations of this research perspective。Can from logic paradox、Three dimensions of value overload and real confusion to explain。

  Bet365 lotto review Methodism individualism does not advocate the self -sufficient and ethical priority of individuals in natural state,Otherwise, it will not be possible to explain why the country and law are generated through the contract。State and law is a "public meaning" after the selection,and the "public intention" must be based on a certain homogeneity standard and basis。This homogeneity is the natural rules such as the "treaty must be obeyed" by Hobbes,is the "common emphasized by Rousseau、General will ",If there is no external standards and observation perspectives independent of individuals,We cannot logically explain why heterogeneous individuals can stably form homogeneous will,Who can monitor the continuous existence of this stable society。

The "stability problem" talked about by Raers is essentially said,The contract itself is preset by the preset individual,But how do you generate a homogeneous common will from an individual action from each first person's perspective? How did the process of consciousness change from "I" to "Us" happened?,"I" can only realize "I" during the whole contract,Can't realize other people other than "I",In fact, it will not really produce the "us" thing,will not really produce "public intent"。Since there is no public intention,Then it means that the contract is not reached at all,Contract theory cannot be established; if there is a public meaning,It means that it is independent of the contract,It is separated from the contract,The contract is not to maintain the stability or unique source of public intentions,Contract theory is also failed。In other words,Individual consciousness If it fails to achieve the universalization of the relative to the individual,It cannot indicate the legitimacy and effectiveness of the individual selection of the contract。Speaking,Methodism individualism is difficult to logically form an individual and Bet365 app download state、Organic connections between the contract and public will。

  2,The so -called value overload is,Methodism individualism is very easy to slip towards a thin view of freedom,Forcibly binding a neutral research method and perspective with a certain substantial value judgment,and rudely condemn the value of other research perspectives。For example,Observation of market behavior,Of course we can think that the market can actually be restored to countless individuals.,is "A person's action、but not the spontaneous order of the deliberate choice of people ",But must this order be guaranteed for freedom? As long as this order can protect people's freedom?,But it cannot be proved or can not guarantee that everyone's ability to be free under this order is expanded,A word to cover it,"Freedom of Expansion" cannot be equal to "Freedom Expansion"。

Japanese legalist Kawashima Kawashima Wu Yi when observing the social growth of modern Western European citizens and the modern history of Japan,It is concluded that the pure spontaneous market order is not a sufficient condition for the civil law (code) that guarantees rights (),The latter depends on the individual independent personality that gets rid of the feudal level system,It also depends on the will of the independent country dependent on religion,Especially its will to bet365 best casino games exercise legislative power independently。Civil behavior is free order,But civil legislative behavior that guarantees civil behavior is national will,The historic coupling of the independent national will and the independent individual personality is the source of the free order of the civil code。So,Organicism and individualism If you look at it from the methodology,All explanations of value neutral、Description Activity,It does not necessarily preset the guarantee or infringement of freedom on value background。In other words,Studies from the country,Acknowledge of recognition of the state of national will have some kind of independent episodes of value value,It is not an enemy of rights and freedom。

  third,The so -called realistic confusion is,If we can only preset individuals as the starting point of observing society and the final basis,So how do we explain the role of people in reality and the role of the mechanism of justice。Each of us establishes self -awareness is based on the life of the life and community.,The establishment of self -awareness and social consciousness is a synchronous life process。In the process of the motherland、Hometown、Parents、Cultural symbols beyond self -consciousness, etc., have given us the identity meaning of "who you are"。The biggest problem with methodology individualism is that it blocks people's cultural attributes and historical attributes,Abstrament of human nature、The air drying is "no time and space existence",Ignoring the social genetic genetic,This is an extreme methodology overallism,Observation perspective such as systematic theory,There is the same simplification and rude way。More importantly,If the methodology individualism is perfect,We cannot explain the concept and mechanism of justice,Because justice must have a relationship existence,Is a public judgment,It cannot form and interpret it through individual consciousness。

In the final analysis,Method Theory of individualism has a strong tendency to restore theory,Construct an individual and overall logic、Comprehensive methodology of dynamic balance in value and system,Pay attention to action and structure、Subjective and objective、Interaction of intention and order、Couple,It may be a more scientific and rational research method。

  (The author is deputy dean of the Law School of Renmin University of China、Professor,Researcher Researcher at the Contemporary Political Party of Renmin University of China)

Editor in charge: Chen Jing
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