Gunthe Teubner is a well -known social theoretical law in the international academic community。He has studied under the door of American legal sociologist Philip Selznick，and respect the founder of German Social System Theory Niklas Luhmann as his spiritual father。In the era of function differentiation，He actively promotes cutting -edge issues such as "legalization" and "programism"，Hold the decentralization for disintegrating the "national/society" binary framework in terms of basic rights、Stand -up of the level，and deep observation of the global constitutional system。Tybuna is very concerned about the legal and just legal philosophy of law and justice，He bypasses the traditional natural method、Legal empirical perspective，With the help of Lumman's systematic theory and Derrich's deconstruction theory，I reconstructed this question with extraordinary imagination。other，He is also a master who means through the storyplay and the meaning of justice，Analysis of the three stories in this article。

　bet365 live casino games

Tybuna in his book "Law: A Self -Creation System" (1993)，It tells a story recorded in the Jewish laws and laws.。

In a fierce discussion，Jewish Rabbi people have serious differences in the meaning of the law。At this time，A Rabi named Eliezer stands out，He proposed a kind of self -conscious Zhou Yan、Explanation of the decent。but，His explanation does not get the approval of most people。Bet365 lotto review So，He took out a method of verifying authenticity: "If my explanation is correct，The corner bean tree outside the house will move one to two feet。""，The corners outside the house really moved one or two feet。But，Other Rabbi is unmoved。Ring is，He said that the river will go backwards，The wall of the church will bend。The miracle he claims will happen next。but，Labi people are still unconvinced。Last，Elizarabi said，Voice from God will confirm his point of view。The sound of supporting him soon came from the sky。But，Labi still shook his head and said, "We don’t care about the sound of the sky。Because you (God) said in the "Moses of the Moses" in Mount Sinai，‘A person must obey the will of most people’。"So，God laughed: "My sons defeated me，My sons defeated me。”

Tybuna tells the ancient story of this three thousand years ago，I want to lead the view of the legal "self -creation": first，The law is self -referred to。Corner Bean Tree Move、River water inversion、Wall curved，Even the voices of God，Not the basis for the successful demonstration of the law。The right or wrong of the law will return to the law itself，That is the "Moses Five Classics" in the story。Here，Tybuna wants to reveal a characteristic of modern empirical law: the self -finger of the law，That is the autonomy of modern empirical law。2，The law contains paradox。Autonomy of the so -called modern empirical law，It is to completely universal the legal/illegal dual coding，Therefore。At this time，"Legal -illegal -Legal -illegal ..." The infinite delay of the pole shock。This，Empirical laws are involved in logical dilemma similar to the "lying bet365 best casino games paradox"。third，The law is uncertain。Modern Empirical Law always faces the dilemma of Mingxi Haosen: infinite backward retreat、cycle or decision。In the above story，When legal disputes cannot be resolved，It has to be based on a program rules such as "one person must obey the will of the majority"。But，Procedure rules are just uncertainty caused by the temporary hidden legal paradox。

　Twelfth Camel

Questions about how the righteousness adapts to society，Tybuna tells such a story。

There is a wealthy Beinin Chief in the Arab nomadic people，The huge number of camels is raised。Before his death，Zeng Li's next property division will: the boss inherits 1/2 of this group of camels，The second child inherits 1/4，Lao San inherits 1/6。But，Unexpectedly, the sky，Only 11 camels were left when the chief died。Three brothers make trouble for property division，Finally decided to go to Cardy (Islamic Magistrates)。Caddy said: "I will lend you a camel，After the case is resolved，Give me the camel to me。"plus Caddy’s camel behind，There are 12 brothers three。Then，The boss is divided into 1/2，6; the second child to 1/4，3rd; the old three points to 1/6，that is 2。Three brothers are happy，Also returned the remaining camel to Cadi。

Before Tidinebuna，Luman has analyzed this meaningful story。Luman uses this story to reveal the internal relationship involved in the legal self -finger。Tybuna's interest in this story lies in，Whether the solution within the law responds to the justice of justice issued from the outside。Difficulties encountered in execution，It can be seen as a social conflict generated outside the law。The camel borrowed bet365 Play online games by Caddy，It is a proposed technology invented by the law to solve social conflicts。When there is a dispute that cannot be broken by yourself when there is a social life field，The law will provide it with a high -dimensional solution。Function of legal，It is to maintain the expectations of the entire society。In the process of implementing this function，Conflict of daily life，Nutrition of nourishing the law。Just like the camel that Cadi took back was raised by the three brothers, fat。Ye Lin also thought，Those people who fight for their rights，Unknowingly contributed to the public interest of the law of the law。

But，Tybuna asked，Does the law really respond to society's demand for justice? Cardy's ruling successfully subsided the property disputes of the three brothers，Is this coincidence or inevitable? The experience of modern law tells us，Law as an internal circulating machine involved in self -point，When recruiting social conflicts as a fuel that is rotated by itself，Often brings to the parties is not a satisfactory answer，but alienation of legal life。Weber was worried，Modern form rational law is becoming a iron cage that restricts people's freedom。This is exactly the question of Kafka in the novel "Trial"，No wonder the relationship between Tybuna and justice，I will ask Kafka for help。

　　Horse traffickers Colehaas Revenge

Tybuna in an article that analyzes "Justice as an occasional formula"，At the beginning, it tells the revenge of Michael Kohlhaas, a horse dealer。

The story takes place on the banks of the 16th century。Colehaas is dedicated to trafficking in horse sales。On the way to sell horses at a time，He and bet365 best casino games the servants encountered a conflict of "customs clearance" in a castle。The Rongcker nobles of the castle detained his two horses，Only let him pass。Corhaas to the provincial capital to do "customs clearance"，Return a few weeks later，"He didn't see those two oils and water slippery、Eat a full dark horse，Instead, it is a pair of too thin and thin because of excessive labor、Delivery horse "。He filed three appeals to the court，But the Juncker nobles and their family forces who are all enjoyed by privileges。Under helpless，Colehaas intends。After many folds，Colehaas can't even see the face of the Emperor。Corhaas Furious Burning，embarked on the road to revenge。

He relentlessly hunting Rongcc, who escaped from the castle，Fire burning the city Wittenberg and Leipzig。The authorities are frightened，They guarantee a fair trial of Korhaas，So he surrendered。He won a civil lawsuit against Juncker，But in criminal trial，He was sentenced to death for destroying public peace。At this time，A jeep mysterious woman with witchcraft and divination is involved。She gives Corhaas a amulet，This amulet will one day save his life。There is a piece of paper in the amulet，The date of the Saxon selected Emperor's loss of power。Choose Emperor Hou at all costs to find the amulet，He is even willing to rescue Corhaas from the twisted rack。On the day of execution，Korhaas is under the gaze of Emperor Hou and the people，Draw out the amulet，After reading it,，Swallow into the stomach。Korhaas was beheaded，His children are named Cavaliers，Selected Emperor Lost the throne。

Tybuna commented: Corhaas was the most upright person Bet365 lotto review at that time，At the same time is the most terrible person。Tragedy of Colehaas，It happened to happen in the period when traditional justice transitions to modern justice。Traditional society is a layered and differentiated society，That is the era when nobles enjoy privileges，Regardless of legislation or trial，All will inevitably reflect the privilege relationship of nobles relative to civilians。Justice was summarized by Aristotle as an empty formula for "each place"。But，This empty formula also has its substance under specific social conditions: the rights of nobles and civilians are asymmetric，Justice means that you should get the corresponding opportunities and resources according to your status。Modern society is a functional differentiation society，The law guarantees the equality of everyone in the form，The "same case and the judgment reflected in the judicial referee、Different cases "。Corhaas represents the prophets of rights.，The equal proposal he put forward is quite modern，That is eighteen、The "subjective rights" that German legal philosophers strongly respected in the nineteenth century German legal philosopher。but，The social structure at Korhaas still has half legs staying in the old era of layered differentiation。The tension between the advanced semantics and the lagging social structure，All social possibilities conditions for the tragedy of Colehaas。

Tybuna interpreted the symbolic meaning of the amulet given by the Gypsian Witch to Corhaas -the desperate between the inherent nature of justice and the transcendence of the law。Only I really endure unfairness、After the pain and sacrifice，bet365 Play online games Justice can come to。When Korhaas refuses to reveal the content of the mysterious amulet to the Emperor Saxon，The price he paid for life，But it has also been respected by people。

　　(Author is an associate professor of the China Institute of Law and Social Research, Shanghai Jiaotong University)