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Hegel's Philosophy Thought Of The Civil Law

Posted on:2007-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:L R JiangFull Text:PDF
GTID:2166360215986843Subject:Legal theory
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"Principle of Law Philosophy" was a work published in 1821, which was the third year when Hegel served as a professor in his late years. This work was the final supplement and development that Hegel made for his enormous philosophy system. The formation of his law philosophy ideas was closely linked to the background of collapse of feudalism system and flourishing of enlightenment. Hegel objected feudal autocracy, and admired the governance according to rules of law, and he held that "the law governance" was an ideal society. "Persons are the most valuable" and extolling freedom was the destination that he pursued during his late years. Free will ran through his whole law philosophy system, which presented humanity spirit of his civil law philosophy. It is of great significance for us to establish and improve the socialist market economy.This paper attempted to demonstrate the essence of humanity spirit of Hegel's civil law philosophy through reading his "principle of law philosophy", which analyzed that, free will as the core, starting point, and the fulfilling way of civil law philosophy, greatly influenced the modern market economy society. This paper could generally be divided into six parts:In the first part, Hegel's idea of his civil law philosophy was the logical starting point and historical starting point of his whole law philosophy. From the logical process of free will and the original forming process of law, it could be seen that the civil law philosophy was the core and starting point during his whole law philosophy system.In the second part, this paper summarized the components of the civil law philosophy. It pointed out that free will took different shapes in different stages such as ownership, contract and illegal of the civil law philosophy.In the third part, this paper put forward the basic issue, namely, the relationship of civil subject and civil object, and stressed that civil subject's free will was the core and starting point of the whole civil law philosophy.In the fourth part, this paper analyzed the internal conditions of free will's realizing of civil subject, and pointed out: first, the acquisition of object rights was the premise of rights realization of civil subject. Secondly, the claim was an important way to achieve civil subject rights, and Hegel's Contract Claims was a very important part of Hegel's Philosophy of Law, and it stressed that civil subject's free will was the main ways and means to achieve civil subject rights.In the fifth part, this paper pointed out the external condition of free will's realizing of civil subject. And it raised that the political state was the realization of an important guarantee of freedom. Here Hegel said, freedom should be reflected in sovereignty, and constitutional monarchy was superior to the absolute monarchy, he also suggested the creation of a political state and monarchy power was paromount.In the last part, this paper analyzed the important status of Hegel's civil law ideas, which was prominent in two aspects: firstly, Hegel's civil law philosophy ideas, especially his philosophy thinking way, provided a reference for the study for the future generations, and it had great significance to the study of modern civil law philosophy; Secondly, Hegel's philosophy had promoted the humanity spirit of civil law, and stressed human freedom was the ultimate goal of human beings.
Keywords/Search Tags:law philosophy, the civil law philosophy, free will
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