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For Freedom

Posted on:2009-05-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:X J HuFull Text:PDF
GTID:1116360248951050Subject:Legal theory
Abstract/Summary:PDF Full Text Request
After discovering the nature, the mankind gets the possibility to ponder on the objections independently and also no exception for the political business. The Hellenes unfolded the nature, established the philosophy with dragging the minds about the politics from the 'zenith' to the 'nadir' and created the political philosophy to express the natural right, which summarized as the thoughts of ancient natural law that was born to influence on human's political business crucially. In the later of Rome's empire, Christianity which given the sermon that all are from the omnipotent God and the humble rationality are not sufficient to instruct man's actions was founded. Therefore, the human's rationality was depressed and the mundane-based thoughts of natural law was put into the 'cold palace' as the disfavored concubines and ignored naturally. Nevertheless St. Thomas Aquinas won a triumph for the rationality with his magnificent legal system and acclaimed for the natural law again, the rationality was always the maid of the Gospels in the prevailing era of Christianity.Approaching into the epoch of renaissance, the fresh page of human history, man kinds refocused on the nature and a great series of significant achievements which not only restored the confidence of men's self-rationality but also subverted the traditional ideas of nature were reborn. The new conceptions endowed the mankind the courage and the equipments to overthrow the obsolete beliefs and constructed the values of modernity. Hence, all discussed above we titled it as a great times, the epoch of enlightenment in where the thoughts of modern natural law be born, developed and completed. Meanwhile, Rousseau was being in that time, nourishing by that time but being the biggest traitor of that time. And his revolts made the preliminary thoughts of modern natural law into the perils. For rescuing the natural law, he was proposing and fighting for it from heaven to earth that causing his thought are so abundant and splendid but so contradictory. However, the kernel out of these contradictions is only one that is 'men are created to be free and forever'. Therefore, Rousseau is a one hundred percent modern legislator as liberty eventually became the real target that people discussing, musing and pursuing since his works.The two required papers of his early time illustrated Rousseau's problems comprehensively that is why and how to revolt, which are named as Discourse on the Sciences and Arts and Discourse on the Origin of Inequality that are normally shorted for 1st and 2nd Discourses where he set on the overwhelming attacks to modern society. According to his works, modern natural law released the greed of man though seeking money which brought the abounding wealth and the declining morality. The fact that one swallows another is behind the faked prosperity, which is not the faulty of sciences and arts themselves but the consequent that men misused. The sciences and arts like a burning blaze not only radiate the lights and heats but also could hurt the one who approach to it so closely and hastily. To utilize the sciences to establish the free society, they must be controlled by the minority who defined as talents, learned from the nature and could mentor the mankind to enhance a new spiritual state than the predecessors by their endeavors ultimately. As Rousseau's indicated, he belongs to this minority and 2nd Discourse takes the nature as a 'mirror' to criticize the mankind profoundly.In 2nd Discourse, Rousseau based the scientific methods to research the foundation of society. He sketched the primary natural state and natural men living in the state by quoting the anthropological materials. The natural men are lonely and happy mastered by self-love and mercy; they didn't have the marriages, families, languages and rationality but the potential perfectibility. This is the archetype of human's liberty. Yet under the factor of contingencies, the mankind matured their perfectibility and started to move into the social state from the natural state that are divided into four stages: natural state, the generation of families and private ownership, the life of cultivations and the origin of society and law. In the view of this proceeding, the rationality would deprive the primary nature of a man that is self-love and mercy though the growing of the mankind and the natural law which depends on this nature of human would not be kept either. Therefore, the construction of law in modern civilizations would desert the natural law but to exhume the other bedrock which as Rousseau said is rationality.As the result, the next step in Social Contract is to establish a free society on the basis of rationality, which is a way to find the form of unification that could exert its common efforts to defense and secure the bodies and wealth of every joiner and as the reason of this every individual unified with the whole just be submitted by himself and also be free like he used to be. This is the community to unify the individual's will with the general will constructed by 'social contract'. So far, the natural men become the arranged men that are nationals. For perfecting the community, every member should keep their national's virtues while dissipate their natural feelings which are the knowable foundations of those virtues as Rousseau emphasized. This is a fatal ambivalence that Rousseau even had to resort to the supreme legislator who has the 'superior intelligence' that can change the humanity and transform every integrated and isolated person into a part of bigger integrity from where this person could receive his life and existence by a certain manner, change and strengthen the human's quality and substitute the moral lives as the part of the whole for the independent biological lives that everyone gains from the world.However, the brilliant legislator is still a human with the human's rationality which is the production of history and limited by the casual factors in history which cause its interior uncertainty. Thus, the height of 'supreme wisdom' is covered by the glooming haze or the legislator that Rousseau asked for is sagacious enough and beyond the chances. But if the 'superior intelligence' were true, the legislator could hardly hoist the flood of people for who legislated out of the nature ruling by chances. The nature still cannot be eradicated and conctrolled. Consequently, constructing the free society on the rational bases is just a possibility and that even only could exist in the languages. Thereby, Rousseau kept his mind in prudence as a political philosopher and he didn't give any concrete political schemes, even in his masterpiece Emile that he attempt to legislate but keep some silences of the lines.Undoubtedly, the actualization of liberty in national society failed do not mean deadlock and Rousseau offered us another path which could get another kind of liberty for the ones like Rousseau that is realized by leaving the national society that is revealed in his last autobiographical work, The Reveries of the Solitary Walker. Totally, the works that Rousseau left over seldom provide the problems-solving plans but initiate a new horizon and impact on the later generation radically, such as Kant, one of the most important Rousseau's followers. By the working of Kant, the liberty that used to be a mirage lands on his solid root and finds the possibility to practice.
Keywords/Search Tags:Freedom, Nature Right, Civil State, Nature State
PDF Full Text Request
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