Karl Lalanz's question of the essence of law
September 29, 2021 08:35 Source: "China Social Sciences" September 29, 2021 Issue 2260 Author: Huang Yuzhou

What is Fa? What is the significance of law for our community life?、Regulations、Regulations of the Regulations。but,When the word "law" is referred to,The deeper meaning of the word "law" appears in my heart: first,French concept of fairness and justice as the foundation of human freedom,It is the fundamental survival specification that each of us must be kept as a rational existence; second,Mendesquiek believes that "the law is an inevitable relationship between the nature of things",In other words,Law is a fundamental world order,The location of each existener in the world and universe。The discussion of the essence of France, a famous jurist at Germany, tells us,The method has its specifications and directions,Law is a kind of eternal inevitable theory。

Lalanz discussed the "as a law that should be and existing" in Section 3 of the General Theory of the German Civil Law,This section is divided into two small sections of "standard order" and "method of law existence",And his explanation of "what is law" is concentrated in the section of "standard order"。Lalanz first quoted Kant's saying in "Introduction to Legalism" in "Morality",It is pointed out that "what is the law" is a no one asks me to know me clear、Someone asked me if I didn't know the question,Just like "what is truth" to logicians,Logic scholars believe what the expression of the truth is the meaning of the truth,But once Bet365 app download he tries to define the concept,,Either synonymous repeat,Either you can only fall into contradictions,until the final recognition: definition is impossible。Lamarez indicates,Don't give a final concept regulation,I just want to clarify some concepts of our thinking method,Some of the "links" that must be considered together。

For the legal person,The most common answer to "What is Fa" is,The law is a "normenordnung" (normenordnung),Standardized order means a general grasped requirement or general command、overall,These requirements or commands make a request to everyone。This view also means,People have the possibility of obeying or not observing the norm,Specifications are not to promote people's behavior,That is to say,People can only abide by the law of nature。and the standard order is different,The standard order is also given people the possibility of his behavior,Leaves space for other motivations,In individual circumstances,These motivations indicate that you want to be stronger。Despite this,The method still requires people to act in a standardized way,The legal expression of this requirement is "should"。Lamarez will point out,The specifications of the law are not the only specifications to people,Beyond law specifications,There are two larger specification complexes,That is customs and morals。The custom is mainly a social force,Behind the custom is the belief and behavior of a social group,This social group does not need to be organized in any way,But there is a "common bet365 best casino games sense",From this sense of common sense, it can develop a common behavior method。The consistency of customs and law is,They are satisfied with the external obedience of their commands,But it does not require this obedience to an integrity。

Lamarez also proposed an intermediate state between law and pure morality,is the leading moral,or Heinrich Henkel said "social morality",Lamarez pointed out,As long as social morality has an ethical belief reality as a support,It shows the form of ethics -even if this phenomenon is weakened or rough。Most people only know this incomplete、Ethical forms that always have suspiciousness,What they think is social morality that occupies a dominant position。But you can't simply equate morality with pure morality or social morality,Neither of them can be expelled from the ethics field,Ethics discuss the pure morality of strict ethics,also includes social morality。German Sitte (custom) and Sittlichkeit (moral/ethical) have a common word source,In French Order,We call social ethics "good customs",It is more than simple customs (custom),But less than strict morals。From the view of Ralenz,Social morality is Hegel's "ObjekTive Sittlichkeit"。

French order in these different regulations are different。When understanding the law in the sense of the establishment method,Fa and customs and dominant social ethics (they have already touched the content in the content) in common is,The law is a law of his law、The individual "from the outside" should face。Although the individual also agrees with its own bet365 Play online games consciousness,But different from the moral commands of strict ethics,Individuals must face an external coercion in the relationship with the law,Different from customs and social ethics that also have external coercion (What dares to violate customs and social morality can only look forward to it,Customs and Social Ethics does not have power to it),French order has direct and regular compulsory means。Behind the Law Order is the organizational community of the law、The power of the country,and the individual is not capable of confronting it。From the view of Ralenz,This view that the decisive characteristics of the law lies in the national compulsory specification。

but,Regardless of the purpose of the law or the implementation of the order of the legislators in the judgment,"What is law" This question points to justice,The reason why Kant compares the law from the truth is this。People’s situation is,Questions on justice,We can’t in a generally effective way、or a standard that is absolutely stable to answer,I am rather,In individual circumstances,This kind of referee seems to be justice,and those situations seem to be unjust。This also indicates,Although there is no justice for people to rely on the standard,But he can look forward to the "legal order" and the judge’s referee,Even if it is not absolutely justified (this is impossible),But it is based on the thought of justice,At least in principle, you can pursue,Thoughts of justice under possible conditions,Avoid publicity "unreasonable things"。Lamarez's conclusion,bet365 Play online games Any just because we can't say what is justified,Try to make justice thinking、"iustum" (justice) that is different from the legitimacy of empirical law expel law and people outside the law, as well as people outside the court,Not only did the child and the bath water fall together,and strangled the method,Still its meaning and legislators、Judge and its final dignity and responsibility activity。

Then,He criticized the view that only defines the order of law as a regular and compulsory view,The law is a common order of human life pointed to the concept of justice order,But,There are often unreasonable but effective implementation methods in reality,This method even violates morality,"DAS Gesetzliche Unrecht) is illegal (nichtcocht)。But he holds a more humble justice scale,This kind of justice is not based on an ideal picture of absolute justice,Instead, I said this,People at a specific era and cognitive levels realize their relationship with each other to become possible。So,It is unreasonable to exclude the concept of justice from the law,This will make the Fa a pure violent order or robber alliance,It violates what everyone is conceived when everyone is in contact with the Fa。If the judges and legislators,Will of justice、The habit of law (Rechtsethos) is not better than selfish motivation,Then the entire law order becomes the air tower。

Lamarez further pointed out,Sollen should be different from that kind of restricted must (müssen)。If the law is just a compulsory command,So method is a restricted necessary。This is just bet365 live casino games said,If you don’t want to be forced,Then you must obey。But in fact there is that kind of unricted law and obligation,So the significance of norms is not just a constant necessary。Different from necessary,It should first resort to the knowledge of the counterparty、Inner wish、Your own awareness,It is without damage to the possibility of external stress,Resort to a kind of inherent coercion,Resort of the will of consciousness and kindness。And this resort can only be defended in the meaning of the concept of justice and justice。So,Actions with justice,Give everyone what you deserve,Judgment of justice,This is an ethical obligation。When the Fa is the concept of justice,So,The obedience method is a moral command,Obligations imposed by the order of law,In Kant's words,It is an indirect moral obligation。Only when the law obligations are indirect moral obligations,We can call it "obligations",Because the order of legal order cannot be based on external compulsory basis,Instead, the inherent willingness of many French community members (RECHTSGENOSSEN),Because the order of law must be regarded as freedom in principle。Only free talents have obligations,And only real free talents can recognize and fulfill their obligations。Only for those who are unable to achieve freedom,The demand of the law is a restricted necessary。If the law obligations are not true or indirect moral obligations,So it is anti -moral,Pure compulsory theory is therefore anti -freedom。From this,The difference between law and other standard order bet365 live casino games is: first,Different from customs and social morality,It is a regular and compulsory application; second,Different from strict ethics (Kant's morality),Its requirements have the nature of his rhythm; third,Different from all these specifications and order,It has a meaning related to the concept of justice。

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