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司法中的价值寻求(国外英文资料)
法律中的价值追求(国外英文资料)
The pursuit of value in law
- - abandoning what you do not want is what you want
Gou lattice
Abstract: the Oriental Lao Tzu has the moral said: the law, law day, days France Road, imitation of nature. Although here is to imitate, but in the final analysis is to follow the laws of nature. Lao Tzu advocating inaction, that natural is the best order, order from the point of view, this is a no value orientation; the west of Rousseaus social contract theory and said: men are born free, and everywhere he is in chains. He believes that the concept of rule of law and rights restriction is an indispensable internal factor in the development of democracy in the social system. From the point of view of the rule of law, this is a value orientation. In a word, no matter yes or no is a kind of value orientation, it is impossible and impossible to see it as the reappearance of objective law. In other words, value pursuit is inevitable. From the abstract law to the order, to the rule of law, and finally to the law, it is a process of progressive, abstract and concrete process. The justice and content of this process is the pursuit of value in law.
Key words: universal value; natural law; law
Three
In reading Mr. Liang Zhipings law in the debate about the legal value in the pursuit of one man, I got some inspiration, I will combine the Chinese legal thought history, simply talk about personal views on the value pursuit of law. First of all, I understand that universal values in the law are by no means the values advocated by Benthams utilitarianism. What I call a universal view of the intrinsic and external values of the law is a basic position.
I. the responsibilities and mission of intellectuals
Liang Zhiping said in the end:
Exploring the moral foundation or value goal of human law, even in a certain false way, is equally worthy of recognition. Some people regard the law as a closed system itself, the relationship between meaning and standard by analyzing the co
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