論拉德布魯赫價值相對主義法哲學(xué)
發(fā)布時間：2019-06-03 22:15
【摘要】： 古斯塔夫·拉德布魯赫是德國法律思想史上一位充滿學(xué)術(shù)魅力而又頗富爭議的法學(xué)思想家。對他的法學(xué)思想進(jìn)行一次完整的梳理和系統(tǒng)的研究,有助于推動我國法學(xué)朝著多樣化、現(xiàn)代化的方向前進(jìn)。 拉德布魯赫價值相對主義法哲學(xué)理論傳承有自,影響深遠(yuǎn)。作為新康德主義運動的杰出代表,他的思想既繼承了康德哲學(xué)的主流理論并總結(jié)了康德主義與新康德主義哲學(xué)家們的思想成就,又巧奪天工般的開辟了自己獨具特色的理論陣地。最難能可貴的是,他將價值引入法學(xué)研究,提出了區(qū)別于自然法學(xué)和實證法學(xué)的法的概念即“關(guān)涉價值的現(xiàn)實”,并將傳統(tǒng)法理念“應(yīng)然與實然”、“價值與現(xiàn)實”之間的二元論改造為“價值、文化、現(xiàn)實”的三元論,解決了“二律背反”的時代課題,為二戰(zhàn)紐倫堡審判提供了可靠的法理依據(jù)。 獨特且深邃的價值相對主義法哲學(xué)理論,使世人對他的思想的評價,在他生前身后,褒貶不一,爭議不息。其主要原因,歸根結(jié)底在于大部分研究者沒有能夠徹底的深入探討其價值相對主義法哲學(xué)的本質(zhì),從而陷入所謂“轉(zhuǎn)向”的誤區(qū)。筆者認(rèn)為,拉德布魯赫的價值相對主義法哲學(xué),從來不存在從自然法轉(zhuǎn)向?qū)嵶C法的問題,其實質(zhì)是融二者于一爐之精華,被譽(yù)為“法哲學(xué)史上的一支奇葩”。
[Abstract]:Gustav Radbloch is a legal thinker full of academic charm and controversy in the history of German legal thought. A complete combing and systematic study of his legal thought is helpful to promote the diversification and modernization of Chinese law. Radbroch's value relativism philosophy of law has its own inheritance and far-reaching influence. As an outstanding representative of the new Kant movement, his thought not only inherits the mainstream theory of Kant philosophy, but also summarizes the ideological achievements of Kant and new Kant philosophers. And skillfully opened up their own unique theoretical position. The most valuable thing is that he introduced value into the study of law, put forward the concept of law, which is different from natural law and empirical law, that is, "the reality related to value", and put the traditional concept of law into "should and be". The dualism between "value and reality" was transformed into the dualism of "value, culture and reality", which solved the subject of the times of "antinomy of two laws" and provided a reliable legal basis for the Nuremberg trial in World War II. The unique and profound value relativism philosophy of law makes the world evaluate his thought, before and after his life, there are different opinions and disputes. In the final analysis, the main reason is that most researchers have not been able to thoroughly explore the nature of their value relativism philosophy of law, thus falling into the misunderstanding of the so-called "turn". The author believes that Radbroch's value relativism philosophy of law has never changed from natural law to positive law, and its essence is to combine the two in one furnace, which is known as "a wonderful work in the history of legal philosophy".
【學(xué)位授予單位】：海南大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D90
本文編號：2492261
[Abstract]:Gustav Radbloch is a legal thinker full of academic charm and controversy in the history of German legal thought. A complete combing and systematic study of his legal thought is helpful to promote the diversification and modernization of Chinese law. Radbroch's value relativism philosophy of law has its own inheritance and far-reaching influence. As an outstanding representative of the new Kant movement, his thought not only inherits the mainstream theory of Kant philosophy, but also summarizes the ideological achievements of Kant and new Kant philosophers. And skillfully opened up their own unique theoretical position. The most valuable thing is that he introduced value into the study of law, put forward the concept of law, which is different from natural law and empirical law, that is, "the reality related to value", and put the traditional concept of law into "should and be". The dualism between "value and reality" was transformed into the dualism of "value, culture and reality", which solved the subject of the times of "antinomy of two laws" and provided a reliable legal basis for the Nuremberg trial in World War II. The unique and profound value relativism philosophy of law makes the world evaluate his thought, before and after his life, there are different opinions and disputes. In the final analysis, the main reason is that most researchers have not been able to thoroughly explore the nature of their value relativism philosophy of law, thus falling into the misunderstanding of the so-called "turn". The author believes that Radbroch's value relativism philosophy of law has never changed from natural law to positive law, and its essence is to combine the two in one furnace, which is known as "a wonderful work in the history of legal philosophy".
【學(xué)位授予單位】：海南大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D90
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前3條
1 付明地;價值相對主義法哲學(xué)發(fā)展及路徑探析[D];海南大學(xué);2012年
2 葉茂;拉德布魯赫相對主義法哲學(xué)思想研究[D];西南大學(xué);2013年
3 范世杰;拉德布魯赫法理念的評析及借鑒[D];上海師范大學(xué);2013年
，本文編號：2492261
本文鏈接：http://sikaile.net/falvlunwen/fashilw/2492261.html
