| The problem in this paper stems from the challenge of the digital society under division to law.The essence of division is the separation of the relationship between people.It is a process of formal rationalization,which is ideologically expressed as "rejecting metaphysics".The consequences of this division are unimaginable,it may be the disappearance of common values,even the war against all.Therefore,it is the most urgent task to bridge the division in the digital society and reshape the standard of spiritual value.Law,as a norm of certainty,universality and authority,is the most likely field to achieve this bridging.This means that we need to address challenges from Hume’s skepticism in a digital society.On the basis of the philosophical theory of bridging division,in view of the fundamental challenges brought by division in the new digital society,we need to carry out theoretical exploration of the new legal research paradigm to respond to the challenges and put forward the legal research paradigm that adapts to the development of the digital society.This paper is divided into five parts.The first part analyzes the basic concepts.This part includes the concept analysis of premise ’ critical theory,research ’ paradigm ’ and ’digital society ’,which aims to clarify the philosophical method,research object and historical background throughout the full text.The second part mainly summarizes the main characteristics of the digital society,and it is the unique characteristics of the digital society that make the current main legal research paradigm can not deal with the new social form.Therefore,the fundamental challenge to the existing legal research discussed in the third part is generated.At present,the challenges we face in the digital society mainly come from three aspects:(1)the challenge of the virtualization of the digital society to the legal order;(2)The challenge of technological autonomy to human subjectivity in digital society;(3)The challenge of digital product alienation in digital society to legal justice.In order to cope with the challenges,it is necessary to seek the corresponding philosophical theory and explore the legal philosophy premise of the new legal system adapting to the digital society.Therefore,it is necessary to analyze the legal philosophy of the research paradigm of law.Therefore,the fourth part is the premise analysis and reflection on the current main legal research paradigm.In this part,the current main research paradigms of law are reclassified,focusing on the analysis of the research paradigm of natural law,the research paradigm of law under empirical methods,the research paradigm of economic analysis law and the research paradigm of postmodern law.Through the analysis of the fourth part,the author finds that the philosophical theory based on the current main legal research paradigm cannot deal with social division,nor can it cope with the challenges of the digital society caused by division.Therefore,the author attempts to construct a legal research paradigm for the digital society under the guidance of Marx’s practical philosophy on the basis of criticizing and absorbing the existing legal research paradigm.Furthermore,on the basis of the above analysis,the author puts forward the research paradigm of practical law oriented to the digital society that is emphatically demonstrated in the fifth part.This legal research paradigm is based on Marx ’ s practical philosophy,aiming at the free and comprehensive development of human beings,which can bridge the division of society,maintain the necessary tension,return to the people-oriented legal concept,and deal with the challenges and development of digital society.Through the research on the theme of this paper,we hope to provide some useful thinking for the ideal picture of Chinese law under the background of digital society. |
