Analysis Of The Theory Of Social Ownership Duguit

In the 19 th and 20 th centuries,European society transitioned from liberal capitalism to monopoly capitalism.Social resources were heavily occupied by monopoly capitalists.The bourgeoisie monopolized the market and manipulated prices.Inequality between members of society,the proletariat strives for its own Interests,actively seek resistance to the oppression of the bourgeoisie;the political,economic,cultural and other developments between countries are not balanced,and international relations are so tense that human beings are under the scent of war.In response to the above various social problems,philosophers and politicians from all over the world are actively exploring various methods of coping and proposing their own "one's own opinion." Duguit,as the founder of the social lenient jurisprudence,put forward the theory of "socialization of ownership" through sociological research methods,in an attempt to save the country and society from danger.The socialization of ownership is a redefinition of property rights in the traditional sense.The exercise of ownership is a commitment to social duties and social responsibility.From the phenomenon that the state and the law appearing in the society to actively intervene in the use of personal property rights,Duguit found that the legal system is undergoing a subtle change,and an experimental legal system centered on the social standard is gradually Instead of a subjective,individualistic legal system,this is a replacement for legal ideas.Perhaps the speed and scale of this change are not as rapid as floods,but this trend is indeed objective and unsuitable.This paper is mainly composed of five parts,the main contents are as follows:The first part mainly deals with the background and theoretical origin ofDuguit's theory of ownership socialization.In this context,Duguit inherits Comte's positivist philosophy research and Durkheim's theory of social division of labor,directly criticizes liberal theory,and starts from objective facts and uses empirical means.Put forward his own theory-"socialization of ownership."The second part mainly describes the content and characteristics of the theory of ownership socialization.Duguit believes that the content of ownership should be transformed into the socialization of ownership centered on “ social duties ”,emphasizing that individuals assume corresponding social positions because theyoccupy relevant social resources.This is an intervention in the enthusiasm of individual behavior.Taking "social standard" as the core and "social interest" as the starting point.Therefore,the socialized theoretical characteristics of ownership mainly manifested in three aspects: experimental,social and purpose.The third part mainly describes the requirement that the exercise of ownership is regarded as a social position,in order to serve the social union and for this purpose,the behavior of the perpetrator is guaranteed by law and society.The individualism and liberal system gradually transition to social and experimental systems.The social model under the state of social unity forces everyone's sociality to be more personal,and social association as a social and social fact embodies its objectivity.This kind of objective nature determines that it is not dominated by individual will;social association as a part of social living conditions will have a major impact on the development of society.The content of the fourth part is a systematic and objective evaluation of the theory.While affirming the socialization theory of ownership to promote the historical role of human integration and legal socialization,we must also pay attention to the limitations ofDuguit's theory.The ultimate concern of the socialization of ownership is to serve the purpose of a social alliance,to further promote the unity among members of society,and to temporarily alleviate the sharp contradictions in society.At the same time,the socialization theory of ownership also instills a certain concept of“ using the best use of things ” to promote the effective use of materials.The commitment of this kind of social position is to achieve the combination of individual self-discipline and self-discipline,and to regulate the individual behavior.The fifth part is a summary of the above content,but also put forward their own views on the ownership system.The legal system as a reflection of the objective existence of social facts,its content must be compatible with the status quo of social development;the system is not eternal,we must make appropriate adjustments,we must make some choices on this,we must not rest on the rules and follow the old;Society is advancing in the direction of development,the integration of society is increasingly close,and personal interests are closely related to others and society.