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On Hegel’s Theory Of Ownership

Posted on:2022-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:L WeiFull Text:PDF
GTID:2506306473493864Subject:Legal history
Abstract/Summary:PDF Full Text Request
In law,everyone is equally entitled to ownership,but in real life,due to individual particularity and contingency,it may lead to the danger of materialization and the gap between the rich and the poor,that is,the actual possession of wealth by each person is different.The fact that ownership is unequal is opposite to the original intention of ownership,which makes us think about whether ownership is equal and how to understand these issues.A re-reading of Hegel’s theory of ownership is a way to understand and reflect on these things more clearly.For Hegel,the statute is "to be a man,and to respect other men as men," and the first half of the sentence states that a man has an obligation to own his property,that is,to own it.Different from the ownership stipulated in the substantive law,the concept of Hegel’s ownership is the determination of personality and free will(external scope),the subject is regarded as abstract personality and free will,the object includes direct external things,life and freedom,and the theory of free will is the base and starting point of ownership.The law stipulates that everyone has ownership,but more important is the reasonableness of the law.Hegel believed that the meaning of ownership is to satisfy the needs of human beings and to make free will realistic in real life,which is more important.According to the different ownership subjects,they can be divided into individual ownership and joint ownership,which are derived from the arduous and persistent efforts of human beings and should be interpreted from the perspective of history.The two are not simply opposed to each other but to regain the relationship of mutual promotion of content.The realization of ownership refers to the acquisition of possession,use and transfer.The acquisition of possession is an activity in which free will or personality is no longer empty-actualized.It has three ways: direct physical grasp,formalizing and marking of the object.The purpose of the possession is to meet the needs of use,if only possession,use can not take out the will that is not free,so can transfer is the real ownership.Hegel’s idea of ownership is still very valuable in modern society,especially the idea of man’s possession of himself,the separation of ownership and right of use,and the idea of man’s untransferable property.The law generally stipulates that everyone has ownership,but it does not stipulate how much wealth individuals actually possess.How much actual possession of wealth and individual natural power,the size of the material and other uncertain factors related,if the law is illegal.Civil society will accumulate a lot of material wealth,which provides the basis for entering the ethical state,so you can’t give up ownership.This paper takes Hegel’s ownership as the theme to enter the field of free will,and specifically studies the legal right basis of ownership,namely the determination of personality and free will.The question whether the user and owner of something must be the same subject is explained in relation to practice.Ownership must be fully guaranteed because it is the material basis of the ethical state of modernity.
Keywords/Search Tags:free will, ownership, possession, realization
PDF Full Text Request
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