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The Route Of Legal Philosophy Of Value Relativism

Posted on:2013-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:M D FuFull Text:PDF
GTID:2246330374960065Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Human choice law, so they advocate legal, but the progress of civilization of law is not easy. In many law philosophers collision gradually one to produce a great theory, thereby promoting the progress and improvement of the law.To the birth of the value system of the new Kantian absolutism from Kant’s legal value to the final build of the legal philosophy of the Radbruch value relativism,we can see that in the academic realm, there is no absolutetruth. With the continuous economic development and progress, there will always continue to discover new methods, new point of view, so the original point of view is constantly being challenged to be perfect, was overthrown. Widely accepted, new ideas tend to be seen as ridiculous, to have been severely questioned even the relentless fight against, after going through some twists and turns slowly to be recognized. The formation of value relativism of legal philosophy also inevitably experience this turn twists and turns, from the process of its development path, we can realize that only a hundred schools of thought contend strongly advocated in the academic field, see for each of the holding to be tolerant to diversity of tolerance,aggressive questioning, this is truly a rational attitude, be conducive to the prosperity of the academic and the lack of quality of these is the Law of our country and the whole academia. Therefore, the development path of the study relative to the value of humanitarian law, philosophy, not only has a certain theoretical significance, but also of great practical significance. The paper is divided into three parts:The first part discusses the evolution of the legal value of absolutism to relativism. Start from Kant Philosophy of Law, discussed focus on the absolute and ultra experience of universality embodied in the philosophy of Kant France, necessity, and then lists several representative philosopher Kant surreal philosophycriticized and questioned, and then to the birth of the new Kantian, as the masters of the Kantian theory of the Southwest School-Radbruch, in his Kant binary methodology and new Kantian theory of value based on thecreating a value relativist philosophy of law system, this connection, the absolutism of the legal value of the leap to relativism.The second part to undertake the first part of the basis, mainly on the causes of the development and the achievements of the value relativism of legal philosophy. Throughout the background of the historical development and the development trend of Western academia, the author from the inevitable factors and causal factors to explain the causes of the development of the legal philosophy of value relativism, and then discussed in detail in the philosophy of value relativism, Radbruch made great achievements stunning.The third part is the part of the sublimation, by thinking about the value relative to the whole process of the development path of humanitarian law, philosophy, and to reflect on the state of development of China’s contemporary jurisprudence and the entire academic environment and learn to shape the independence of China’s contemporary jurisprudence, inclusive character, and to improve the poor academicuseful atmosphere.
Keywords/Search Tags:value relativism, value of absolutism, Philosophy of LawRadbruch
PDF Full Text Request
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