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On Paradigm-comprehension As Common-tort Pre-comprehension

Posted on:2008-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2166360215465876Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There are two relationships between we and the truth, therefore there are two relationships between we and the law-truth.. What I want to answer in the perspective of phenomology-hermeneutics is that what happens with us beyond our will and action .It is paradigm—comprehension as common-tort pre-comprehension that happens with us beyond our will and action.By jurisprudence hermeneutics, I think the central problem of common tort is what the main standard of legality judgment is when the living—structure of pre—possible—tort moves to the living—structure of possible—tort. It concerns the answer of the problem what is more important, the living—sources of law or the rule sources of law. The process of legality judgment is also the process of overlapping of visual field for rule and fact, so the choice of standard of legality judgment also concerns the problem that what is prior, the visual field of living or the visual field of rule. At last the judgment of the importance of the two sources of law and the priority of the two visual fields pre—provides how much judges have the power in coming into the comprehension of common tort. Before judges coming into common tort in each case, they are controlled by the paradigm—comprehension as common tort pre—comprehension which comes from each country living form and is expressed by law conception. I think the paradigm comprehension concerns the answers of that three problems.Through philosophy thinking of the 200-years development of general tort in Euro-continent, I generalize three paradigms and put forward the problem of the participant-ideal of law-truth. .The problem, I think , is not if we know what the law-truth is ,but if we participate the law-truth and if we are in the way of the law-truth.
Keywords/Search Tags:Common-tort, Philosophical hermeneutics, Law-truth, Pre-comprehension, Paradigm-comprehension
PDF Full Text Request
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