| The classical natural law is the transition stage of "divine voluntary law" to the"human law".The obvious feature of this stage of legal right is that man's reason and freedom are highlighted,but God still plays an important role in it.The classical natural law has far-reaching influence,but it faces two difficulties:on the one hand,the foundation of the classical natural law is not solid,the basis of the different natural law theory is even the contradictory;on the other hand,how to maintain the harmony between "law" and "freedom" in action is a problem.Kant regards the right of law as a universal relationship of free will in the principle of legal rights,and initially solves the conflict between law and freedom.But on the other hand,the inner freedom of Kant's field of practical rationality also has a mysterious nature,which is a inevitable problem in the philosophy of Kant's dualism.In order to solve the problems left over by the classical natural law and Kant's failure to complete the solution,Fichte tried to carry out the transcendental deduction of the concept of natural legal rights on the basis of the three principles of knowledge."Absolute self" is the core concept in Fichte's knowledge science,and is the key to carry out the interpretation of legal rights.According to the first principle of knowledge science,"self setting itself',man as a free existence of reason can realize his freedom.There are two kinds of freedom:external freedom is right and inner freedom is morality.Among them,external freedom can be divided into two forms,namely natural rights and social rights.According to the second principles of knowledge,there are three possibilities in the free relationship:the non recognition of the state of war,the unidirectional recognition of the relationship between the slaves and the universal legal rights of mutual recognition.In the third kinds of relations,namely,the universal legal right stage of mutual recognition,each person restricts his freedom through the freedom of others and establishes his rights by recognizing the rights of others.In this sense,every person is equal."Equality" is not a congenital concept,not because people are equal,so people recognize each other's rights,but because the mutual recognition of each other's rights is equal.According to the third principles of knowledge science,rational natural beings will naturally gather together and form a community.The relationship between the community of rights and citizens is the relationship between the will of the community and the will of the individual.The general rule of law relationship is also a general free relationship.In the community of universal rule of law,everyone restricts his freedom through other freedoms,so that the freedom of all can be restricted and universally coexisted.In short,Fichte tried to solve the unreliable foundation of the right by deducing the right of law,and resolved the contradiction between freedom and law through"dialectical freedom".This article holds that it is necessary for the legal right to seek the basis of metaphysics.Fichte's interpretation of natural legal rights with the principle of knowledge can provide us with a new vision of understanding the principles of freedom,equality and the rule of law. |
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