The Critique Of Metaphysical State Views

The correct interpretation of the constitution depends on the correct view of the constitution,and the correct view of the constitution depends on the correct view of the state.In the final analysis,the constitution deals with the relationship between the whole and the individual,and there are two opposing laws between them,which form two kinds of state views: holism and individualism,both of which are state ideology based on transcendental presupposition.In order to solve the problem and form a correct view of the state,we should criticize the state,which is the enlightenment Kant gives us by criticizing pure reason to solve two opposing laws of the transcendental cosmology.The first link of state critique is the critique of state ideology.Among all kinds of state ideologies,metaphysical state view is the most representative,so it should be criticized first.The theoretical premise of state critique is the definition of state.For the purpose of promoting the critique of state ideology,the core elements of the state should be defined as the relationship of political domination,so the state is the sum total of the phenomena of political domination.The theoretical premise of the critique of state ideology is the critique of the philosophical basis,which is the ideology in the general sense,because they are the way people know things,and they have one-sidedness,but they borrow the name of universality to generalize,thus becoming a tool for defending political rule.The theoretical premise of critique of metaphysics state view is classical metaphysics critique,classical metaphysics and ontological philosophy are synonyms.In its more than 2000 years of development history,there have been many theoretical systems,which have laid the philosophical foundation for the corresponding metaphysical state view.The two are closely related logically.Metaphysical state view has three forms.First of all,it can be divided into teleological and idealistic,non-teleological and non-idealistic forms,the latter is based on the unconscious application in ontology,the common will of the community,the tradition,homogeneity and other things are presupposed in ontology,so it is a pure idea of communitarianism.Secondly,the idealistic state view contains two kinds of positions:extreme and moderate.The extreme idealistic state view does not compromise except ideal,and does not admit the rationality of other things.Moderate idealism state view transforms ideal into ideal order,so to a certain extent,it is the harmony between ideal and reality.Thus,extreme idealism,moderate idealism and communitarianism becamethree forms of metaphysical state view.Extreme idealism is represented by Plato,Augustine and Pope Gregory VII.Moderate idealism is represented by Aristotle,Thomas Aquinas and Hegel,while Communitarianism is represented by Rousseau,Burke and Schmitt.The metaphysical state view has many common essential characteristics,all of which are ideological and hold the position of holism,and regard some people as spokesmen of ideology with their own logic.So they gained the legitimate right to rule over others.Metaphysical state view is a kind of state ideology.In addition,the other state ideologies,such as social contract theory,scientism view of the state should be criticized,and finally the state should be analysed from a positive angle.The critical work can be complete only if it has both critical and analytical meanings,and finally it can construct a correct view of the state by criticizing from both the positive and negative sides of state.The above work shall be carried out step by step,and it is of great theoretical significance to finish the work of criticizing the state,which will be helpful to the correct implementation of the Constitution.From the point of view of the history of philosophy,it is a new way to analyze the philosophical basis of various state views and to criticize them deeply.It is a new way to study the meta-theory of constitutional jurisprudence.The basic research of constitutional jurisprudence generally focuses on the discussion of the meta-concept and meta-problems of the state and the constitution within the scope of the subject of political philosophy and takes the conclusion as the theoretical basis of constitutional jurisprudence.However,the world outlook determines the concept of state,the general concept of political philosophy does not have absolute independence,but depends on the overall concept of philosophy,which is,in the final analysis,an organic part of it.Therefore,it would be more beneficial to carry out research at the philosophical level.It is true to understand the origin of various state views under the specific historical background.Moreover,the philosophical foundation critique can strengthen the realistic effect of criticizing the wrong state views and produce stronger persuasion.Thus,this new idea of basic research of constitutional jurisprudence is not only innovative,but also able to make a modest contribution to the development of constitutional jurisprudence.