Gunthe Teubner is a social theory and jurisprudence renowned in the international academic community。He studied under the American legal sociologist Philip Selznick,And respects Niklas Luhmann, the founder of German social systems theory, as his spiritual father。In the era of functional differentiation,He actively promotes research on cutting-edge issues such as "legalization" and "proceduralism",Decentering on fundamental rights to dismantle the binary framework of “state/society”、The position of declassification,And made profound observations on the global social constitution。Teubner is very concerned about the legal philosophy debate on bet365 live casino games and justice,He bypasses traditional natural bet365 live casino games、Legal positivism perspective,With Luhmann’s system theory and Derrida’s deconstruction theory,Reconstructed this topic with extraordinary imagination。In addition,He is also a master at elucidating the meaning of bet365 live casino games and justice through stories,This article analyzes three of the stories。
bet365 live casino games Talmud
Teubner in his book "bet365 live casino games: An Autopoietic System" (1993),Tells a story recorded in the Talmud, a compilation of Jewish bet365 live casino games。
In a heated discussion,Jewish rabbis were deeply divided over the meaning of the bet365 live casino games。At this time,A rabbi named Eliezer stepped forward,He proposed a method that he considered Zhou Yan、Decent explanation。But,His explanation is not approved by most people。So,He came up with a method to verify authenticity: "If my explanation is correct,The carob tree outside the house will move one to two feet。"Finished,The carob tree outside the house really moved a foot or two。However,The other rabbis were unmoved。Soon,He said the river will flow backwards,The walls of the church will bend。The miracle he claimed happened next。But,The rabbis still refuse to admit defeat。Last,Rabbi Eliezer said,A voice from above will confirm his point。Voices of support for him soon came from the sky。However,The rabbis still shook their heads and said, "We don't care about the voice from heaven。For You (God) Yourself said in the Torah at Mount Sinai,‘A person must obey the will of the majority’。”So,God laughs: “My sons have defeated me,My sons defeated me。”
Teibuna tells this ancient story from three thousand years ago,I want to introduce the idea of "autopoiesis" of bet365 live casino games: First,bet365 live casino games is self-referential。Carob Mobile、The river flows backwards、Wall bends,Even these external pivots of God’s voice,None of them are the basis for a successful legal argument。The right and wrong of the bet365 live casino games ultimately comes back to the bet365 live casino games itself,The Torah in the story。here,Teubner wants to reveal a characteristic of modern positive bet365 live casino games: legal self-reference,The autonomy of modern positive bet365 live casino games。Second,The bet365 live casino games contains paradoxes。The so-called autonomy of modern positive bet365 live casino games,It is to completely universalize the legal/illegal binary coding,So the code "legal/illegal" also applies to itself。At this time,There will inevitably be "legal-illegal-legal-illegal..." bipolar shocks with infinite postponement。This way,Positive bet365 live casino games is involved in a logical dilemma similar to the "Liar's Paradox"。Third,The bet365 live casino games is uncertain。Modern positive bet365 live casino games always faces Münchhausen’s triple dilemma: infinite retreat、Cycle or decision。In the above story,When legal disputes cannot be resolved,Has no choice but to resort to procedural rules such as "one must obey the will of the majority"。However,Procedural rules only temporarily hide the uncertainty caused by legal paradoxes。
The twelfth camel
To answer the question of how individual bet365 live casino games adapts to society,Teubner tells such a story。
There is a rich Bedouin chief among the Arab nomads,Raised a large herd of camels。Before his death,I once made a will for property division: the boss inherited 1/2 of the camels,The second child inherits 1/4,The third child inherits 1/6。However,Unforeseen circumstances,Only 11 camels were left when the chief died。Three brothers are having a quarrel over the division of property,Finally decided to go to Qadi (Islamic magistrate)。Kadi said: "I will lend you a camel,Wait until the case is resolved,Give me back the camel。”After adding Kadi’s camel,Three brothers have 12 in total。Then,The boss gets 1/2,i.e. 6;The second part is divided to 1/4,That’s 3;Old three points to 1/6,i.e. 2。All three brothers are happy,bet365 live casino games also returned the remaining fatted camel to Kadi。
Long before Teubner,Luhmann has already analyzed this meaningful story。Luhmann wanted to reveal the internal relationship of legal self-referentiality through this story。Teubner is interested in this story,Do the solutions within the bet365 live casino games respond to society’s demands for justice from the outside。Difficulties encountered in the execution of the chief’s will,Can be seen as a social conflict arising outside the bet365 live casino games。The camel lent by Kadi,It is a fictional technology invented by the bet365 live casino games within the system to resolve social conflicts。Whenever there are disputes in social life that cannot be resolved by oneself,The bet365 live casino games will provide a high-dimensional solution。Function of bet365 live casino games,It is about maintaining the stability of expectations of the entire society。In the process of realizing this function,Conflicts of daily life,Becomes the nourishment that nourishes the bet365 live casino games。Just like the camel that Kadi brought back and was raised fat and strong by the three brothers。Yelin also thought that,Those who care about their rights,Unconsciously contributed to the public interest of the growth of bet365 live casino games。
However,Toibner asked,Does the bet365 live casino games really respond to society’s demands for justice??Kadi’s ruling successfully settled the property dispute between the three brothers,Is this coincidence or necessity?The experience of modern bet365 live casino games tells us,bet365 live casino games as a self-referential internal circulation machine,In expropriating social conflict as fuel for its own rotation,Often brings unsatisfactory answers to the parties,It is the alienation of life outside the bet365 live casino games。Webber was worried,Modern formal rational bet365 live casino games is becoming an iron cage that restricts people’s freedom。This is exactly what Kafka asked in his novel "The Trial",No wonder Teubner explained the relationship between bet365 live casino games and justice,Will ask Kafka for help many times。
The Revenge bet365 live casino games Horse Dealer Kohlhaas
Teubner in his article analyzing "Justice as the Formula of Contingency",The opening chapter tells bet365 live casino games the revenge of horse dealer Michael Kohlhaas。
The story takes place on the banks of the Havel River in the 16th century。Kohlhas specializes in horse trading。On the way to sell horses,bet365 live casino games and his servants encountered a conflict over the "Customs Clearance Document" in a castle。After the Junker nobles of the castle impounded his two horses,Just let him pass。Kohlhaas went to the provincial capital to complete the "customs clearance documents",Return in a few weeks,“What bet365 live casino games saw was not the two sleek horses、The well-fed dark horse,But a pair that are skinny due to overwork、A dilapidated horse”。bet365 live casino games filed three complaints in court,But they were all suppressed by the privileged Junker nobles and their family forces。In desperation,Kohlhaas intends to file a complaint with the Elector, who represents a higher level of power。After many twists and turns,Kohlhaas could not even see the Elector。Kohlhaas is furious,Embarking on the road of revenge。
bet365 live casino games relentlessly pursued the Junkers who escaped from the castle,Set fire to the cities of Wittenberg and Leipzig。The authorities are terrified,They promised Kohlhaas a fair trial,So bet365 live casino games surrendered。bet365 live casino games wins civil case against Juncker,But in a criminal trial,bet365 live casino games was sentenced to death for breach of public peace。At this time,A mysterious gypsy woman with witchcraft and divination powers intervenes。She gives Kohlhaas an amulet,This amulet will save his life one day。There is a piece of paper in the amulet,Indicates the date when the Elector of Saxony lost power。The Elector wants to find the amulet at all costs,bet365 live casino games was even willing to save Kohlhaas from the gallows。The day of execution,Kohlhaas under the gaze of the elector and the people,Took out the amulet,After reading through it,Swallow into the stomach。Kohlhaas was beheaded,His children were knighted,The Elector lost his throne。
Teubner commented: Kohlhaas was the most upright man of his time,Also the scariest person。The tragedy of Kohlhaas,It happens to occur during the period of transformation from traditional justice to modern justice。Traditional society is a stratified and differentiated society,It was an era when nobles enjoyed privileges,No matter legislation or trial,Both inevitably reflect the privileged relationship between nobles and common people。Justice is summarized by Aristotle as the empty formula of "everyone gets what he deserves"。However,This empty formula also has substance under certain social conditions: the rights of nobles and commoners are asymmetric,Justice means that you should receive corresponding opportunities and resources according to your status。Modern society is a functionally differentiated society,The bet365 live casino games guarantees formal equality for everyone,Reflected in judicial adjudication of "same case, same verdict、Different cases and different verdicts”。Kohlhaas represents the prophetic perspective on rights,His claim to equality is quite modern,That’s exactly eighteen、The "subjective rights" highly praised by German legal philosophers in the 19th century。But,The social structure in which Kohlhaas lives still has half a leg stuck in the old era of stratification and differentiation。The tension between advanced semantic claims and lagging social structures,Constitute all the social conditions of possibility for Kohlhaas’s tragedy。
Teubner interprets the symbolic meaning of the amulet given to Kohlhaas by the gypsy witch - the impasse between the immanence and transcendence of the bet365 live casino games。Only when injustice is truly endured、After pain and sacrifice,Justice can come。When Kohlhaas refused to reveal the contents of the mysterious amulet to the Elector of Saxony,He paid the price with his life,But it is also respected by people。
(The author is an associate professor at the Institute of Chinese bet365 live casino games and Society, Shanghai Jiao Tong University)
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