Legal Teleology

The subject of this dissertation is to demonstrate the necessity of researching the end of law through disclosing the existence of teleology and it's significance in law and jurisprudence. The dissertation is divided into three sections.The first section sets forth the existence of legal teleology by probing both natural law and the theory of end. Through analysis to the naturalism natural law, the general rationalism natural law, theological natural law and the classic natural law, the dissertation points out these natural laws are established on the base of relative ontology; through probe into the development of teleology and combination with ontology and teleology, the dissertation points out the originality and home of the theory of the end of law, which is just the accord and condition of discriminating right from law. After analyzing probing into Marx's legal thought, the dissertation arrives at the conclusion that Marx deems right is different from law in the mode" economical relation—right in law—law", law is only the express and result of right in law, and it's ultimate aim is to regulate economical relation. The dissertation still holds that with the transformation from philosophical ontology to the epistemology, Kant's transformation from "teleology" to "purposiveness" is very important, which is the real recourse of "theory of will" in modern jurisprudence, all modern jurisprudences acknowledging the "theory of will" in certain extent embodies coherent existence of the end of law.The second dissertation discusses the existence, the condition and the development of the end of law in history of law from individual and non-individual, ethic and non-ethic angle by re-construing the history of law. The dissertation deems that in primitive society, ancient Greece, ancient Roman and Medieval, the major end of law is to maintain social existing conditions, stabilization, order and peace, because in this periodforce and disorder peril seriously the existence and progress of human being. So the end of law in this period is society, but reach the end by ruling and regulating individual behaviour. That is, society is the end and individual is the instrument. In modern, because of the transformation of philosophical base to individual, ration and will, through analysis to the classic natural jurisprudence, the utilitarianism jurisprudence, history jurisprudence and philosophical jurisprudence, the dissertation concludes that the modern end of law is to protect individual freedom as broadest ambit as possible, in spite of different road used. In this times, individual is the end and society is the instrument. The later jurisprudence, especially sociological jurisprudence rectify the excessive emphasis of individual, in contemporary law both individual and society are not only the instrument, but also the end. From ethic angle, natural iaw strains morality's priority to law, holds law is only the stabilization of morality. Such condition haven't been changed until the emerge of utilitarianism, utilitarianism think of the end of law is interests, but not morality. Positivism believes there isn't necessary links between law and morality, and the research about the relation between law and morality belongs to the field of ethics or theory of legislation, but not jurisprudence. Contemporary jurisprudence adopt a promising attitude, holds law should regulate both morality and interests. In short, the author views the future law should involve both individual and society, both morality and interests, just as Mr JiangShan sayings, be the development from the law of human being to the law of inter-being.In the third section, the author demonstrates the importance of the research of the end of law through exploring the significant existence of the end of law in law and jurisprudence practice. After comparing the end and the value of law, the end and the function of law, the author draw a conclusion that the end of law is logically priority to the value and the function of law. Through analysis to legislation, execution of law, obey to law, the dissertation points out the important role of the end essence in the total course. Combining the above two parts, followingconclusion can be reached: jurisprudence research must pay more attentions to the research of the end of law and regard it as fundament of other research, we must alter the existing condition omitting the probe of the end of law.