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Constitutional ethical life

Author: SuWanEr
Tutor: ZhaoMing
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Country Ethical Life Constitutional Free Legal Rights
CLC: D911
Type: PhD thesis
Year: 2008
Downloads: 405
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Abstract

Hegel is recognized as a difficult person writings, and thus his writings more need to be honest and serious reading. Hegel's Philosophy of Right legitimacy for the state's argument provides a unique way to explore is to reconstruct the natural law - especially the modern natural rights theory - the idea of ??a great effort. This article aims to discuss Hegel's concept of state track and the thrust and intent of the text through close reading of the fine, showing how and why the country Hegel, the country's basic structure (constitutional) and ethical life, national spirit of collusion, how to use on the legal rights and freedoms of the modern understanding of the body coordinating the universality of freedom and country. This interpretation has the nature of Origin, therefore, in the selection of the text, not only focus on \commence on the specific objective spirit, including the nature of the state fullest exposition; And first in-depth and detailed face far academia rarely touched two Jena period of important texts, namely Hegel in 1802 after years of writing two long article: \Privatization system damage caused to the nation - the argument of inevitability and necessity of a sovereign state, the latter from philosophy - especially with regard to ethical life philosophy - the perspective of modern natural rights theory, and criticism of its contractual argument of the country model for the legitimacy of the state re-foundation; For a more complete grasp and render Hegel Thinking in picture, the paper also retroactive Hegel intellectual writing career at the beginning of the study of religion as the theme of a number of manuscripts and incomplete article, especially the title in the \Hegel's phenomenology of religion as a political community think about issues related to providing the initial field, concerned about the people of ancient Greece is actually the classical polis religion, civic life, the national spirit of research, and examine the Jewish - Christian law and when parsed freedom of the individual and the community, the spirit of the other elements of subjectivity and objectivity, and both are closely related with the political community, on the ancient Greek pagan, Jewish - Christian characteristics and history of the development of research suggests that Hegel's thinking focus, not a religion itself, but different manifestations of freedom and how to achieve freedom in community issues. By lapping typical text, this paper considers the classical world admire and desire as well as Germany, \Theoretical sources, a fundamental subversion of Contract demonstration mode; through the dial shift of modern natural rights theory and the National Contract atomistic individualism or starting point, Hegel's philosophy about the ethical life - namely freedom Philosophy of Right - replace or rebuild the natural law, and thus became the country's supreme evidence and logical first sex, in a way to complete the classical natural law and natural rights theory of modern harmony, or, in the classical polis between freedom and freedom of modern body reached a settlement; With reconstruction of natural law is the law philosophy of freedom, Hegel freedom while respecting the main premise of the modern return to the classical understanding of human nature and the city, the state is not a private fictions results, nor is it a tool to protect private interests, which itself is the destination, is the essence of the individual, in the spirit of the philosophical perspective of the body, the state is the spirit to create their own world, the spirit of ethical life is the concept of freedom, which is a human the nature, form and purpose of the state is the highest stage of ethical life, the spirit of freedom to the fullest, most full expression of the individual through toward overall survival and become a real person, and its inherent nature and forms can be fully realized person; constitution making body for the country or political community organizations and to maintain the effectiveness of the fundamental lifestyle and national unity must be consistent with the ethical life, and in the spirit of self-knowledge externalization process, the country's nature - universality and particularity of each other intermediaries The implementation of the specific freedoms - will inevitably be reflected in a good constitution. This paper is divided into three chapters and an introduction, conclusion of five parts. Introduction confessed three questions. First, from the Hegelian system illustrate the unique difficulties start with the intent and the main content of this article, incidentally overview on the main trends of Hegel. As Hegel's text as well as system-specific terminology integrated and dialectic, Hegel became \The views contradict, explain the coexistence of opposites, and even left the original and misconceptions often due to a heavy situation, to understand their own imagination as to understand Hegel Hegel's thinking subject, urgent return to the text, so this is right in law and political issues field challenge Hegel's \Introduction The second part outlines the background of the times in which Hegel and theoretical background, compared to the classical Greek polis world, the modern philosophy guided the modern world into a disembodied, loss of nature, and the overall phase alienated fragmented disunited. INTRODUCTION The third section summarizes the thrust of Hegel's system: rebuilding the integrity of human life, to solve between classical and modern theories opposition, particularly from Hegel published his first article formal philosophical treatises \differences in philosophy \Chapter tracking in Hegel's early religious studies issues related to national thinking, religious identity and history involved with elements related to a political community: city civil and political freedom that is the purpose of life is an individual freedom, customs Fashion on the individual shape, reflecting the national spirit in the community, individual freedom and the law subjectively real qualitative and external systems, freedom of subjectivity and objectivity. Ancient Greek people religion reflects the integrity of the classical polis life, civil religion is community life and private life, subjective and objective religious unity of religion, freedom of expression of the national ethos, thereby stimulating the spirit of Hegel Germanic peoples questioning. Population decline of religious or classical polis, leading to the individual, political community, the separation of religious communities, in the study of Jewish - Christian studies, Hegel poses as a critique of practical reason as a weapon, explores the pursuit of moral freedom of religion why become external, oppressive laws and institutions, this analysis focuses on right and freedom as opposed to the \the spirit of things, but become law, doctrine, ritual, the external system requirements polis which differentiate into political state and mental state, so the separation of citizens and the state, the state is no spirit, the spirit of the country there is no freedom, only law France's tyranny and slavery; critique of Hegel and then found a weapon itself has a real target of the criticism qualitative, practical reason for the moral law is a rational nature, desire of slavery and oppression, and self-discipline of subjective freedom is not really freedom, moral law quasi-real qualitative atom bound to infer the state and the individual polymerization external opposition and separation. Religious Studies final qualitative and Hegel had thought that real freedom, moral subject reconciliation with the outside world in the mysterious \skeptical conclusions. Chapter II from the same period two texts of Hegel, elaborates how Hegel actual situation in the political and public law need to draw a sovereign state, but how about in theory, ethical philosophy of life through re-appraise national legal sex. Hegel adopt a \Deed of empire constitutional and national ethical life overall Phase Separation from strength to actually split, Hegel further traces the constitutional private law or empire \Freedom temperament, this subjective, capricious freedom once promoted European feudal fief system, and thus the formation of representative government, but Germany refused to be like other European countries such as France, as a fief from the system - the principle of the development of a unified representative political power. Hegel reveals how the war exposed the stick to the right of subjective freedom or private law consequences intention is to explain private law must have a higher purpose behind the nature of the support and in order to ensure free and private law subjective realization of the right. The German constitutional and political existential investigation, or that the fate of insight on Germany, forcing Hegel must re-examine the theoretical basis of the modern state and its theoretical basis, a new starting point in re-appraise national legitimacy and First, because the natural rights-based contracting demonstration mode, is that of the State as a result of private fiction, this theory into the path of the German Empire's constitutional status quo of Restorative Justice. \Hegel first liquidated Two Approaches to modern natural law approach empiricism and formalism. Hegel empirical methods to capture the logic kinks exist: on the one hand, the state of nature and the legal rights and status are mutually premise circular reasoning, on the other hand, even if the state of nature and the legal right position argument is feasible, the natural state legal right to remain state transition logic fracture. Formalistic approach overcomes empiricism decomposition, abstract arbitrary, instead resorting to the will of the universality, but yet the abstraction of pure reason pushed to the extreme, empty formalism ways to end the moral precepts, Hegel Debunking a practical reason to conduct the process of universalization logical flaws: on the one hand, there is no strict generalization only the content of the \implementation, so the general formalism legislation is the result of arbitrary content both can become law, and thus can not avoid moral relativism dilemma. And Hegel's reconstruction of modern natural law embodied in the \nature \Hegel's ethical life demonstrated in detail the national character, the universality of ethical life and economic sectors (real system) of the particularity of the relationship between ethics and moral life and the relationship between the body, ethical life philosophy and legal rights given real science (branches of law) relationship. The third chapter of the \\In the presentation and analysis of Hegel prudent \, that \its legitimacy, can be called a variety of legal rights; ethical life more emphasis on the personal world, community life essence of freedom. Thus, Hegel reconstruction of the \State is the highest form of ethical life, the right to national law than abstract legal rights, it supports and absorb abstract legal rights, legal rights is the foundation and abstract nature. Ethical entity as part of division and difference, not a substitute for national civil society, private law relationship can not jeopardize the country's constitutional relationship, rationality is subjective freedom and objective national unity of freedom in the rationality of individual freedom in countries with pieces site implementation, and thus legal rights and obligations are the same specific content, rather than abstract, peer same. Hegel classical \Hegel said constitutional - not exactly mean a written constitution - ancient and modern lifestyle to achieve reconciliation, civic and political life of classical and modern economic life of the people in the modern rationality countries fully implemented and reach a settlement. Hegel followed the classical understanding, adhere to good constitution is the best school, in line with the constitutional principle of freedom cultivate patriotism and political temperament of a good citizen, and with the classical world is different, Hegel considered good constitution system is the inevitable result of the development of the spirit of freedom. Conclusion There are two tasks. First, the summary text of ideas, concluded that Hegel with the \philosophical or liberal law philosophy, logic card into the national first and supremacy, which is not a constitutional right to private law contract summary or a fiction but a nation of ethical life performance. Second, a brief discussion of Hegel set national nature of the relationship with the history of the world, explore the history of the world and the entire structure of Hegel philosophy behind the national sentiment, ending impose a most steadfast Hegelian by inference , and Hegel's views on the subject the contrary, that \Perhaps exhausted humanity possible because the value of the past and the future direction depends on the interpretation of Hegel today.

Constitutional ethical life

Abstract

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