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Research On The Nature Of Self-discipline Of Rights

Posted on:2019-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q XuFull Text:PDF
GTID:2416330563499299Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The self-discipline of the right is the inherent regulation of the free will which is required to maintain the order based on the self-consciousness of the order achieved on the basis of experience.The basic idea is as follows: if we do not deny the vital role played by experience in the formation and development of rights,we will also be able to recognize the importance of human rationality and free will in the theory of rights.Therefore,assuming that right is the product of experience(in fact,this is the core premise of this article,relative experience is also a core concept throughout this article.Then,it can be self proof through the analysis and discussion of the relationship between experience and human reason and free will.Specific to the right,the right to human reason to the forming process of epistemological explanation is the “theoretical reason”,at the same time,human reason can also in the rights in the process of the development of the unconscious but consciously provide guidance--that is the "practical reason",specific activities human reason is reflected in the experience ——such as a particular right)——and the development process in the formation of.On the other hand,a series of activities carried out by human in social relations is a desire,which is externalized by free will.Conversely,the unconscious desire is the basic content of free will.At the same time,because the free will is determined by experience,the desire is constrained by the uncertainty of human's free consciousness.Even so,it does not prevent specific rights claims.However,as the basic material of the rights of free will double its uncertainty and rights as a supreme principle of rational practice level in terms of the requirements of the conflict,so it is necessary in the context of the experience of human reason and free will further comb,introducing the concept of legitimacy to to alleviate the conflict.The so-called justifiable basis is that free will may become a self-discipline of rights,that is,right is the free will under the restriction of self-discipline.The first part of this article is the content of the theoretical foundation of the autonomy of rights,that is,the empirical source of rights.The empirical source of the popular right is that "right comes from experience".I believe that "right comes from experience" means that rights are summed up by human beings after numerous hardships and wonderful experiences,so as to consolidate the institutional design that is conducive to the realization of common pursuit and ideals of mankind.At the same time,because this is a kind of system design results,so this experience can only be only a group experience category,so the lack of experience of functional groups in the premise,how to become the group experience may become an urgent theoretical problem.After introducing several possible experiences in the theory of rights claims,the author tries to analyze and discuss the empirical sources of rights from the perspective of human rationality,that is,the theoretical difficulties of group experience possibility.The author claims to sentence structure as the starting point,through to the right behind must contain "subjective judgment" analysis,especially for the specific analysis of side two reference standards and to the relationship between the three responded to the challenge of group rational experience the possibility of legitimacy and extended rights,also is the "legitimacy" problem is to determine whether a minimum requirement of right in line with social norms.The second part of this paper mainly discusses the free will as the main content of self-discipline of right,that is,the relationship between free will and right.The basic form of free will is the view of desire and demonstrates the nature of free will is the human sense of the uncertainty,and this uncertainty(also the main content of free will)mainly includes two parts: one is the kind of innate survival such as et al is not the ability to recognize the;it is human in the process to meet the natural desire of two yuan for the desire of the human consciousness exists so that the cognitive ability of human constantly to the natural desire filled with empirical knowledge and the formation of the "".At the same time through the forming process of the free will to obtain the structure empirical source is the logical result of free will,with the content of the first part,the source of the logic of free will empirical results further confirmed the basic material rights of freedom is the sense of uncertainty.The third part of this article mainly discusses the premise that the justifiable foundation may be established as the necessary condition for the self-discipline of the right.This part can also be considered as a synthesis of the first and second parts of this article.The author firstly in the premise to undertake the first part of the conclusion,legitimacy is a right evaluation of minimum requirements are in line with social norms,rational theory through the analysis of rights as the highest principle behind the required to think that legitimacy is based on the premise that the price of real rights.Then,through further analysis of the second part of this free will,at the same time from Kant's moral philosophy concerning the rights and freedom of the will of the expression of free will is divided into general freedom and autonomy of free will,and then through the analysis of the self-discipline of the free will in the meaning and compares it with the basis of legitimacy,which will the free will of self-discipline about legitimacy,which is expressed as the basis of legitimacy is right as the autonomy of free will eventually come to define,as "moral autonomy" the existence of free will is right has become the necessary elements of rights,namely "Rights Legitimacy",eventually come to the general argument: right that is the self-discipline of the free will.
Keywords/Search Tags:Self-discipline
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