Karl Larenz’s questioning of the nature of bet365 Play online games
September 29, 2021 08:35 Source: "Chinese bet365 Play online games Sciences Journal" Issue 2260, September 29, 2021 Author: Huang Yuzhou

What is bet365 Play online games?What is the significance of the bet365 Play online games to our community life?People often equate bet365 Play online games with seeing the bet365 Play online games、Regulations、bet365 Play online games of text of regulations。But,When referring to the word "dharma",What often comes to mind is the deeper meaning of the word "Dharma": first,The concept of fairness and justice with bet365 Play online games as the cornerstone of human freedom,It is the fundamental survival norm that each of us must adhere to as a rational being;Secondly,Montesquieu believed that “bet365 Play online games is an inevitable relationship arising from the nature of things”,In other words,Dharma is a fundamental world order,About the position of every being in the world and universe。The famous German jurist Karl Larenz’s discussion on the nature of bet365 Play online games tells us,The bet365 Play online games has its own normative direction,Dharma is an eternal and inevitable principle。

Larenz discusses "bet365 Play online games as ought and existence" in the third section of "General Introduction to German Civil bet365 Play online games",This section is divided into two subsections: "Normative Order" and "The Way of Existence of bet365 Play online games",And his explanation of "what is bet365 Play online games" focuses on the section "Normative Order"。Larenz first quoted Kant's "Introduction to the Theory of Rights" in "The Metaphysics of Morals",Pointing out that "what is Dharma" is a question that no one has asked me but I know it well、Someone asked me a question that I didn’t understand,Like asking a logician "what is truth",What does the expression logician believe he knows the truth mean?,But once he tries to define what the concept refers to,Or a tautology,Or we can only fall into contradiction,Until the final admission: definition is impossible。Larenz stated,He also does not want to give a final conceptual rule,Just want to clarify some of the concepts we use when thinking about bet365 Play online games,Some "links" that we must think about together。

 For legal practitioners,The most common answer to “What is Dharma” is,bet365 Play online games is a "normative order" (Normenordnung) that regulates people's common life,Normative order refers to a generally grasped requirement or command body、Overall,These requirements or orders impose demands on everyone to obey。This view also means,People have the possibility of complying or not complying with norms,Norms do not promote human behavior in a natural bet365 Play online games (Naturgesetz) way,In other words,People can only obey the laws of nature。The normative order is different,Normative order also gives people the possibility of other behaviors,Leaves room for other motives,In individual cases,These motives show themselves to be stronger。Nevertheless,The bet365 Play online games still requires people to behave in a normative manner,The legal expression of this requirement is "should"。Larenz quickly pointed out,The norms of bet365 Play online games are not the only norms issued to people,Outside the bet365 Play online games,There are two larger normative complexes,That is, customs and morals。Custom is mainly a social force,Behind customs are the beliefs and behaviors of a social group,This social group does not need to be organized in any way,But there is a sense of "common belonging",From this sense of belonging, a common way of behavior can be developed。The similarity between customs and laws is,They are all content with the outward obedience of their orders,But this obedience is not required to come from an upright intention。

Larenz proposed an intermediate state between bet365 Play online games and pure morality,The dominant morality,Or what Heinrich Henkel called “social morality”,Larenz pointed out,As long as social morality is realistically supported by an ethical belief,It expresses the phenomenon form of ethics - even if this phenomenon form is weakened or roughened。Most people only know this imperfection、Ethical forms that are always questionable,The morality they think is the dominant social morality。But morality cannot simply be equated with pure morality or social morality,Neither can be expelled from the field of ethics,Ethics discusses pure morality of strict ethics,Also includes social ethics。The German Sitte (custom) and Sittlichkeit (morals/ethics) have a common etymology,In the legal order,We call social morality “good customs”,It is more than mere custom (custom),But less than strict morality。In Larenz’s opinion,Social morality is Hegel’s “objective ethics” (objektive Sittlichkeit)。

Legal order has different status in these different normative fields。Understanding legal time in the sense of positive bet365 Play online games,What the bet365 Play online games, customs and dominant social ethics (which have already touched upon in content) have in common is,The bet365 Play online games is heteronomous、What the individual must face “from the outside”。Although usually individuals also subscribe to the Dharma in their own consciousness,But it is different from the moral imperatives of strict ethics,Individuals must face an external coercion in their relationship with bet365 Play online games,Different from customs and social morals that also have external coercion (those who dare to violate customs and social morals can only expect the disapproval of others,Customs and social morals have no power over them),The legal order has direct and regularized means of coercion。Behind the legal order is the organized legal community、State power,An individual is unable to fight against it。In Larenz’s opinion,This view believes that the decisive feature of bet365 Play online games lies in state mandatory norms。

But,Whether it is about the purposiveness of the bet365 Play online games or the implementation of the legislator's orders in the judgment,The question "What is bet365 Play online games?" all points to justice,The reason why Kant compares bet365 Play online games and truth lies in this。The human condition is,For the issue of justice,We cannot do it in a universally effective way、Or an absolutely reliable standard to answer,Rather say,In individual cases,This kind of referee seems to be just,And those situations seem unjust。This also shows,Although there is no reliable standard of justice for people,But he can expect "bet365 Play online games and order" and the judgment of judges,Even if it is not absolutely just (which is impossible),But it is based on the idea of ​​justice,At least in principle it can be pursued,The idea of ​​realizing justice under the conditions that are possible for humans,Avoid blatant “unjust things”。Larenz concluded from this,Anything just because we can’t say with complete certainty what justice is,Just try to think of justice、"iustum" (justice), which is different from the legality of positive bet365 Play online games, expels people from bet365 Play online games and jurisprudence and courts,Not just throwing the baby out with the bathwater,And killed the bet365 Play online games,Killed its meaning and its legislators、Judges and their final activities of dignity and responsibility。

 Next,He criticized the view that only defines legal order as rule-based coercion,bet365 Play online games is an order of human common life that points to the concept of a just order,However,In reality, there are often unjust but effective positive laws,This kind of bet365 Play online games is even against morality,“das gesetzliche Unrecht” (das gesetzliche Unrecht) resulting in illegality (Nichtrecht)。But he holds a more humble measure of justice,This kind of justice is not measured by an ideal picture of absolute justice,Rather, take advantage of this,It is possible for people of a certain era and cognitive level to realize their relationship with each other。So,It is unreasonable to exclude the concept of justice from the bet365 Play online games,This will make the bet365 Play online games a purely violent order or a bandit alliance,It goes against what everyone envisions when they come into contact with the Dharma。If in judges and legislators,Will for justice、There is no stronger habit of bet365 Play online games (Rechtsethos) than selfish motives,Then the entire legal order will become a castle in the air。

Larenz further pointed out,Should (Sollen) is distinguished from restrictive must (Müssen)。If the bet365 Play online games is just a mandatory order,Then the bet365 Play online games is a restrictive necessity。This is just saying,If you don’t want to be forced,Then you must obey。But there is actually an unenforceable legal obligation,So the meaning of norms is not just a restrictive necessity。Difference from must,We should first appeal to the counterpart’s knowledge、Inner Will、My own awareness of Dharma,It does so without compromising the possibility of external coercion,Appeal to an inherent coercion,Appeal to knowledge and good will。And this kind of appeal can only be defended in the meaningful connection between legal norms and the concept of justice。Therefore,Act with justice,Give everyone what they deserve,Judge justly,This is an ethical obligation。When the bet365 Play online games is based on the concept of justice,Then,Obeying the bet365 Play online games is a moral command,Obligations imposed by legal order,In Kant’s words,It is an indirect moral obligation。Only when the legal obligation is an indirect moral obligation,Only we can call it "obligation",Because legal order cannot be established solely on the basis of external coercion,But it requires the inner willingness of many members of the legal community (Rechtsgenossen) to do what is right,Because the legal order must regard people as free in principle。Only free men have obligations,And only the truly free can recognize and fulfill their obligations。Only for those who cannot achieve freedom,The appeal of bet365 Play online games is a restrictive necessity。If the legal obligation is not a real or indirect moral obligation,Then it is anti-moral,A pure theory of coercion is therefore anti-liberal。From this,The difference between bet365 Play online games and other normative orders is: first,Different from customs and social ethics,It is the application of regularized coercion;Second,Different from strict ethics (Kant’s morality),Its requirements are heteronomous;Third,Distinct from all these normative orders,It has a meaning related to the concept of justice。

 (Author’s unit: bet365 Play online games School, University of Chinese Academy of Social Sciences)

Editor: Chen Jing
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