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Demonstrate The Generatation Of Economic Law In Historical Reason Objective

Posted on:2011-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z DengFull Text:PDF
GTID:2166360305481465Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The historical rationality of human being is as Kant considered the combination of human choice freedom and natural historical objective, however, there exists a paradox between the two in his five paradoxes describing the development of the rationality, in fact, rationality itself directs an inevitable way leading the free will to the natural historical objective——the basic theory of human being freedom of choice is according with merger. Therefore, the principles in economic laws must to follow the natural historical objective in order to guide practices correctly. This paper firstly describe the metaphysical trait of the philosophy of Economic laws from human historical perspective; furthermore, demonstrate the generation of economic law and reveal ist connotation via historical dimension, and emphasis that it is the special meaning which the philosophy given that it carries the mission of history; finally, point out how to guide practices and regress the legislative system.There are four parts in this paper.The first part focus on building a linkage between historical rationality and law philosophy at the transcendental ontological level. At first, criticize the free will habit according to the description on the development of rationality (the essence is free will) from Historical Critique by Kant. Then, deduce the effect of free will on regress of rationality based on the metaphysical moral ontology. Furthermore, reveal the global trait which is breaking through the time dimension, eternal, and consistant with historical rationality. There we find out a consistant connotation that historical rationality and law philosophy has, deriving from completely perfact ethics, and an objective necessity of itself.In the second part, the writer firstly point out an origin which historical rationality and economic law philosohpy, which covers expansion of space-time, working objects, and undertaking missions. Second, argue that the system arrangement under free will is limited and harmful via demonstrating the development of economic law philosophy in history. Third, rebuild economic law philosophy under the historical rationality aspect. At last, clarify the relationship between economic law philosophy and value via analyzing different cases in Jurisprudence field using the general theory of law philosophy.The third part based on the second in which the malformed development of economic law philosophy in history are talked about, is trying to find out reasons that is from human deep sense of crisis. And then, demonstrate the absence of legal system caused by the sense of crisis, and what is the mission the economic law philosophy carries under the absence condition.The fourth part, following the process from metaphysical to a physical and under the historical rationality aspect, demonstrate the economic law philosophy inspires the legislation, system constuction, and guides the implementation of economic laws from legislation principles, the quality of legislators and legislation structure aspects.
Keywords/Search Tags:Historical rationality, Law philosophy, Economic law philosophy, Generation, Mission
PDF Full Text Request
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