German writer Heinrich Von Kleist's Michael Kohlhaas has become a image that cannot be around in justice。an important legal history of "Michael Corhaas" is the significance of the novel，It first proposed the concept of rechtsgefühl。The concept of French sense has always been considered revolutionary、Critical、irrational，As Ye Lin said，It is related to some kind of "moral pain"。and the real appearance of the sense of law on the stage of German grammar，Still go back to the dispute between the origin of the legal sense of Gustav Rümerlin and Yelin。1871，Lu Meilin published an inauguration speech entitled "On the Fa"，He pointed out in it，The sense of law is our natural order instinct。And Ye Lin's "The purpose of the law" published in 1877 opposed Lu Meilin's sense of law "natural theory"，and believe that the sense of law can only be formed in historical living conditions，"Not the law produced the law，But the law has a sense of law "。From this，The sense of law has become a iconic concept of German grammar，Radbruhe、Kysen、Karl English、Cowfman and other German grammar, everyone once wrote a theme discussion on the theme。

　bet365 live casino games

but，What is the sense of law? The word French sense in German contains two polysitious words: RECHT and Gefühl，Recht table method、Right、Justice，and Gefühl can both refer to the more moral "feelings"，can also represent a more peaceful "feeling"bet365 live casino games 。So one here，Of course, the word method has a vagueness，Radbruch pointed out in the article "The sense of the law"，The sense of method is "a word that must be found or created first"。Radbruch thinks，slogan as a three -time legal update movement，The sense of method is used in three completely different senses，And these three legal movements also correspond to three historical figures: Savini、Kilhiman and Yelin。

Where the representative of the historical law school, Savini，The sense of law is equivalent to "National Spirit、National belief、National Belief "，A law of a nation and its language、Customs and constitutional systems are inseparable from combination，Therefore，The nation has a common belief in the practice of being "internal inevitable"，French is from this emotion，instead of any creation of legislators。Where in Kirshiman，The sense of law is equivalent to "sound human intellectuality"，He thinks，The research object of law is not the formulation method (GESETZ)，but Recht，and Fatgen is planted in people’s emotions，Method is not just a theoretical understanding，It is a feeling，Existing in people’s hearts，He calls this emotional method "natural law"，His emotional natural method is not the past physical ontology theory natural method，It is also not Savini's customary method，Instead, everyone has a sense of justice，Sacred and solemnly printed in everyone's heart。The last type of man proposed by Ralenz is the author of "Fight for Rights", Yelin。Lalanz pointed out，In Jealin，A sense of law is a "motivation to fight for rights"，Jealin bet365 Play online games indicates，The sense of method is an indicator of moral pain，If you lack this pain and anger，Then people don’t know what rights，"What is rights?" This question can only be answered with emotions，The essence of this emotion lies in action，If you have no courage and determination to fight against illegal，Then we actually have not fulfilled our own moral obligations。

　　Radio of Radbruhe's three -pointer

Laderbruch's triple division behind the three ways represent the three -way sense of the main image: loyal citizen、Wise judge、Passionate parties。This division of Radbruch seems to have exhausted the term "sense of law" at first glance，But there is a problem，Radbruch seems to emphasize the typical feature of the sense of law in each author，As a result, the full image of the sense of the legal sense in the author's theoretical system。For example，In the narrative of Radbruch，Professional legal persons do not have a position in the theory of Legalogy of Yelin，He pointed out，"The sense of law in the sense of the sense of Jealin is not the possible attribute of illegal officials: the sense of law is passion，Participate in it passionate，Although it is noble passion，But passion can not sit on the trial seat，The parties cannot become a judge "。but，Ye Lin explicitly pointed out，The legal person is the pioneer team of the progressive class，The sense of law of a nation is the sense of legal sense of those who trains the individual。In Jealin's theory，A sense of the law can be an unspeakable professionals，can also be a legal person。As far as the purpose of Yelin's core law is concerned，Diagnosis of the purpose bet365 live casino games corresponding to the law，The sense of law also has a dialectical spirit，It can be keen and accurately grasped the purpose of the newly emerging method and appropriate abstraction to form a general principle，This sense of law is not just a foreign man, but a trained legal person。This can be seen，Radbruch to create a theoretical strictness，Fixing each jurist in a sense of law，This is inevitable that the theoretical position of the three jurists is solved，It cannot reflect the complexity of the sense of Falun。

　　Lezler's three -point method

Another German jurist Erwin Riezler, another German jurist, provides us with a more fulfilling sense of legal three -point method。Lee to point out，As a poly word，The sense of law can be divided into "what is the feeling of the law", "What should be the feeling of the law" and "the feeling of respect for the order of the law"。

The first sense of method refers to "the ability to grasp the intuition and the correct application of effective law"。Lizler believes that this sense of legal is actually a "legal technique"，It is not an evaluation of justice and non -righteousness，It has nothing to do with moral pointers。This sense of method is usually enjoyed by the legal person，It is a "feeling of legal person"，One of the most important features of the legal person who has a professional training is one of the most important features。The sense of legal person is based on its long -term professional legal education and vocational experience，Based on this，The legal person can make the right evaluation of the factors，Then take it under the objective method，and make three paragraphs based on this。Bet365 lotto review In this whole process，The sense of law is used as a integrated intuition.，Because there are countless times on the same or similar legal track，The legal person can make intuitive judgments on legal issues based on this sense。And the sense of legal person adopts a "assimilation" psychological mechanism，That is to say，The legal person will not pay too much attention to the typical legal elements in the current case，Just pay attention to some special things，and understand this kind of information that lacks previous understanding based on the accumulated concepts accumulated in existing experience。

The second method is the "sense of justice" we know，It is an emotional tendency to the concept of the law，We will and yearn for a certain method，I also want to see it to be realized，Correspondingly，When the concept of the wishes and the empirical law is in a tension relationship，This "love of justice" will also appear as a critical method for empirical laws。If you say，The first sense of method is the result of a rational activity，So the second sense of method focuses more on emotional elements，Reflected the emotional feedback when the understanding of some legal state and the "I" understands the harmony of justice or the contradiction of justice，Therefore，The sense of law will also present it as "a sense of harmony or disharmony", "evaluation" and "pursuit"。Of course，In this case，The main body of the method is based on the law concept of judging the empirical law，It is also necessary to maintain a connection with universal interests，If the evaluation of the main body of the method is not from the simple bet365 live casino games subjective wishes of selfish self，Instead, self -drawing or abandoning yourself is based on universal interests，Then the judgment it made by "law should be" also has a standardized effect。

The last sense of method is a "feeling of respecting the order of existing law"，This feeling is trying to do、To promote、To require the matter that meets the empirical law，I am satisfied when the Fa is realized and implemented，I feel dissatisfied and angry with illegal。The third sense of method will also appear on those who lack the first sense of the first method of intuition，At the same time, it is also independent of any emotional tendency to the second method。It is not the pursuit of a method of law，but a manifestation of an empiricalist thought，It does not morality of the formulation method、Evaluation of political legitimacy，I just think，Orders or ban on legal order shall be implemented: "The maintenance of legal order itself is an ethical or political purpose。"Based on this，The sense of law respects the formulation method、Perseverance and maintenance，both independent of the first method of law，also independent of the second way of method，Lizler believes that we can call it more appropriate。

Comprehensive inspection of the "three -point method" of Radbruch and Lizle，The latter division is more reasonable。The reason is that Lizler did not specifically correspond to the three boundaries he made by the Fa.，This avoids the view of a scholar's theory of a scholar，and Lizle insiders in aware of Radbruch's unaware of the legal person trained to be well -trained。The concept of "Falun" is rich in face，It in law bet365 live casino games philosophy、The deeper connotation in legal methodology and judicial practice is still a treasure that needs to be further excavated。

　(Author Unit: China University of Political Science and Law China and European University)