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From The Single Will Of The General Will

Posted on:2011-06-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y S LiFull Text:PDF
GTID:1115360305497438Subject:Ethics
Abstract/Summary:PDF Full Text Request
This dissertation which consists of four parts studies Hegel's philosophy of right and its modern bearings following the development from individual will to universal will.The first part introduces Hegel's animadversion of other contemporary schools of law, pointing out that the foundation of Hegel's philosophy of right is will.The expansion of the concept of will is exactly the expansion of law, thus this dissertation introduces the contents and framework of Hegel's philosophy of law by clearing up the expansion process of will.The second part, referring to the development of the theory of will,compared Roman law with modern Philosophy of right and elucidates the free nature of Hegel's philosophy of law, the significance of the concept of will in modern development of legal rights and Hegel's creative thoughts on the theory of modern sovereignty. It is also proposed in this part that Hegel's philosophy of law is the peak of modern theroy of freedom as well as the theorization of Roman law in morden society.The third part reveals the limitation of individual will by animadversion of libertarianism and advocates that individual will needs to be transcended and transformed into universal will.The way individual will be transformed into universal will is recognition, the forms of which could be distinguished as struggling and intermediating. Meanwhile, it is pointed out that universal will is the end-result of individual will and the individuality is well preserved in universality, which defends universal will.The last part regards nation as the realization of universal will,a bio-organism and ethical community, according to which the modern bearings of Hegel's philosophy of right are explored from three aspects.First of all,in overcoming modern subjective morality, the thoughts of universal will avails to establish universal moral norms.Secondly, in reconstruction of rights and construction of welfare nations by recognition, to reconstruct rights by recognition helps to deal with the theoretical dilemma of both welfare countries and modern rights.Last but not least, in the foreground of dissimilation of modern politics, universal will assists to realize reconciliation of virtue and politics, as well as establishing the validity of modern politics.As a conclusion, the author summarizes the main content in Hegel's philosophy of right, and point out the its contemporary bearings.
Keywords/Search Tags:philosophy of right, will, individual will, universal will, freedom, recognition
PDF Full Text Request
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