法理论述（de jure discourse）.docVIP

法理论述（de jure discourse） Part one: the value of law First, the value of the law (1) freedom Philosophically, freedom is the ability to act in accordance with ones own volition without external compulsion. Just as Hobbes defined freedom as no obstacle, it shows that the subject can act according to his will and purpose, not acting on the outside compulsion or restriction. The value of law on freedom, which means that the law to confirm and protect the people of this capacity for oneself, so that between the subject and the object to reach a harmonious state. In value, the law is the guarantee of freedom. Although the law is a normative complex which can carry many kinds of values, the most essential value of it is freedom - the code is the Bible of the peoples freedom. Therefore, the law must reflect the freedom and the freedom, the only way to make the individual citizen to obey the laws of the country is subject to his own reason is the law of nature of human rationality, so as to achieve the perfect unity between countries, legal and personal. Obviously, as far as the essence of law is concerned, it takes freedom as its highest value goal. The code is used to defend and protect the freedom of the people, not to restrict or trample on the liberty of the people; if the law restricts freedom, it is a violation of human nature. Since freedom is human nature, so it can become a kind of evaluation standard, measure whether state laws is the real law: the law only becomes conscious of the national law in the natural law of unconscious freedom, could become the real law. Where the law becomes the actual law, that is, the existence of freedom, where the law becomes the actual existence of human freedom. Law is a free man, which shows that law itself is only a kind of external maintenance of personality, and it is also a tool for people to evaluate, criticize and even overthrow the autocratic law. Under the autocratic system, although the law is formulated by the state and h