Discussion On The Relation Between Ought-to-be And To-be In Philosophy Of Rights

Researching of the relationship between to-be and Ought-to-be is still an inevitable issue, especially which prominently displays in philosophy of rights. In the western history of law, many different academic schools carried out sevral debates on the question of to-be &Ought-to-be of law .They involved the natural school, the analysis positivism school, the philosophy school as well as the social school.There was a long time argumentation on this question . Sometimes, one of them rolesed in the upper hand, while no one was forced to eliminate thoroughly, and the solo dominent situatiuon has never formed.But the common mistake they made was inferior one to the other. The times entry the 20th century, the argumentation was still on. But during the argumentation, the leading representatives of each school openly or unconspicuously revised their ocating theories after they were aware of the linitations of the thories they held, which displays the thoughts of various schools were tend to close up, has manifested one kind of comprehensive tendency.unfortunately, they didn't realize that the popularity of each school's theoy was not tingent, but had its own profound social backgrounds. Each of them met the uirements of certain period, specified society as well as particular social groups,or displayed different cultural tradition about law.So, it takes more idealism atomsphere to melt them togather under the situation that the contradications on politics/economy and ideology still exists in captialist countries.This article attempts to correctly locialize the relationship between to-be and Ought-to-be in philosophy of rights through comparing the relavant theories between that of the western times-different schools and Max. So,with the hope of safeguarding philosophy of rights develops in a correct way and supplementing its theory, we should correctly locialize the relationship between to-be and Ought- to-be. It is known that it is a miscellaneous issue that clearing up the relationship between to-be and Ought-to-be of law. This article picks out natural school, the analysis positivism school, the philosophy school as well as the social school,which have their own outstanding academic represtitives, from miscellaneous schools, and carries out necessary analysis on them.This article deploys as following three charpters in accordance with the analysis mentioned above:Charpter one :To brifely summarize the current backgrounds of to-be and Ought-to-be in philosophy, point out it is an inevitable issue in philosophy, especially prominently displays in philosophy of rights, and point out the main views of each times-different schools on the relationship between to-be and Ought-to-be of law. Charpter two: To study Max's thoughts on philosophy of rights through the line of its development, find out his classical understanding on the issue we concentrates on. The author divides Max's relevant thoughts into three sections according to its development : First, the realization toward"To-be and Ought-to-be"in his early philosophy of rights thoughts; Second, the analysis of their relationship on the perspective of Max's Critique theory; Third, the formation of Max's practsing"ought"theory.Charpter three: correctly locializing the relationship in accordance with the development view of practsing"ought"in maxism philosophy of rights, and revealing the realistic significance of its corret localization.