| There are two Themes of the Contemporary Chinese time spirit. The one is the society appeals the Rule by Law more sound. The other is people want dignity living. It is of important practical significance for the Response to these Themes from getting clear on inherent logical structure of law, Personality and freedom. Under the Background of Marketization and Democratization, the studyies on freedom is in the field of economics and politics, while the researchs on Personality or Personal Right is in the field of Psychology or law especially in the civil law. It is relatively seldom in the present Chinese Scholars that making more detailed studies on inherent logical structure of law, Personality and freedom from the view of Legal Philosophy.The core of the paper is based on definition of Personality which is a identical representation based on the capacity of self-definition. The basis of definition of Personality is the freedom which is a capacity of self-definition according to the origin of it. The law from the view of ontology is a kind of existence of freewill which bears noble historical mission. It makes people becoming real man and respects other people as man. So Legal Philosophy must undertake the mission of making people hold the dignity and freedom as a Man and have real legal right. The theoretical foundation of this paper’core proposition is the rational freedom view and Legal Philosophy of kant and hegel. So the main role of this dissertation is getting clear on inherent logical structure of law, Personality and freedom from the methodology of practical reason and dialectical logic. Conclusively, the basic logic of this inherent relation is that Personality have a interent structure which comprise of a series of mutual opposed characteristic such as form VS content and representationVS essence so on, and that this inherent structure makes Personality hold the characteristic of cross-phenomenon and Intelligence world, while in this inherent structure the relationship between representation and essence is not a parallel relationship between which essence determines representation showing a kind of symbolic identity nature. All above features are determined by Personality whose nature is freedom that is the most intrinsic regulation which determines how Personality could be. What is freedom? According to the theory of Kant, it is a causation of self-commencement sequence which compares with that of nature causality. In the dissertation we thought that freedom is a kind of qualification and capacity independent of compulsory. So as far as person as a subject be concerned, freedom means the capacity of self-regulation. Just because of this inherent structure of Personality, the person neither is a person in pure empiricism, nor is a person in pure noumenal but a person with personality. As far as the subjectivity which cross two region be concerted, the person both lives in nature and in ontology, both lives with others and with ego. As far as the personality lied in ontology be concerted, the feature of person freedom makes law have concept of ultimate concern and undertake great historic mission that means pursuing complete freedom and dignity of person. Since personality also exists in nature and with others, which is a sum of realistic relation, law have the necessity of real existence. Just in the normative real world, the guarantee of person’basic right and other rights makes the pure nature and absolute principle actualization. Freedom as a kind of essence regulation just is a single start point, a bare outset, a pure intent, and a abstract and general absoluteness. At the same time, law just is a agency of the absoluteness. So realization of law is that of freedom and personality.Theoretical Construction of the inherent logic of law, personality and freedom from the aspect of noumenon just is a pursue in metaphysics. Moreover we must solve the likelihood of this issue from the angle of epistemology and practice theory. We will solve the problem from four aspects.The first is the interent logic structure of personality and freedom. In the dissertation we compare the various personality thoery in philosophy, psychology and law, analyse the property and character of personality, disclose the inherent structure of personality and define the conception of personality. The essence of personality is self-regulation whose nature is person’ freedom, so freedom is the logic premise of personality.The second is the logic structure of law and personality. According to the existing results of inherent structure of personality, we apply phenomenology and hermeneutic methods to analyse the inherent structure of personality and to explore the dialectical relationship between representation and essence of personality, individual and personality, individual world and personality world. Separation of individual and personality is the prerequisite of law existence. The absolute value and ultimate goal of personality is the basis of justice of law. Separation of individual world and personality world is basis for distinguishing public law from private law, while association of individual world and personality world makes them cross-talk each other. On the basis of above, we will analyse the association and difference among subject, personality and personality right so on. It is possible that identity of personality representation makes law personality become the subject of law responsibility, which also become the theory basis of psychotic patient not undertaking law responsibility as their personality unidentical. In a word, external manifestation and realism of personality dignity and value msut have the characters of personality right and behalf of law right.The third is the logic structure of freedom and law. Through the analysis of the inherent structure of freedom, we will discover why law must regard freedom as its concept. The truth of law is freedom. The primary level of freedom act as law concept or ultimate concern guidance complete law system and form. We will deeply study compulsory command theory of Hobbes and Austen, absolute command theory of Kant and personality command theory of Hegel. On the basis of Hegel’Legal Philosophy theory, we will disclose that law as essence command must reflect its effects and externalize its contents in the real world. So that it can ensure the complete realization of person’freedom. The content of the dissertation reflects the constitution whose core is right guarantee and power restriction, and various law rule, criterion and system.The fourth is construction of inter-personality association theory which is figured by organization of subject and object. We will explore the inherent structure of law, personality and freedom and discover the dialectical logic relationship of them. The origin of this relationship lies in the essence of person freedom and cross-talks among different subject and object. The essence of person freedom makes person hold the character of independence, initiative and independence. These characters must base on criterion and interweave each other among different persons. Therefore, the real and/or true freedom and personality dignity must be realized in a universal equality among interweaving personality.In conclusion, justification of law must be constituted in a universal equality among interweaving personality. Disciplinarian and objectivity of law must organize in person freedom and personality dignity. So we must develop the useful and discard the useless the view of separation of subject and object each other. That is to say we must either regard law as artificial matter of some subject will, or regard it as pure object matter which deviates person’will. Law theory based on practical reason indicates the association between individual and society and relationship among different individual. The associations emphasize that law itself is not a objective entity but a combination of subject and object. Only the law acquired the above character can fulfill its great mission which can make person acquire happiness,dignity and complete freedom. |
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