奥斯丁与分析实证主义法学的形成
发布时间：2018-08-28 14:31
【摘要】：任何一个伟大的理论，必将产生于对前一个伟大理论的继承与批判中。正如孔德在对形而上学的批判中提出了实证主义，边沁在对布莱克斯通的批判中提出了功利主义，奥斯丁在批判霍布斯和边沁的过程中完善了自己的法律思想，并进而形成了分析实证主义法学。 本文以学术思想的逻辑关系为主线，以奥斯丁法律思想作为参照，通过梳理对其法律思想产生影响的几位重要代表人物的学说，来梳理该学派的形成过程。 第一部分，绪论提出问题，介绍选题的意义。就“分析实证主义法学”的含义，“分析实证主义法学形成”的含义，以及“奥斯丁法律思想”与“分析实证主义法学”之间的关系做简要概述。以明确本文的研究目的和语境。 第二部分，论述奥斯丁法律思想的特点，提出其中研究方法和研究对象是分析实证主义法学形成的主要标志。 第三部分，以奥斯丁法律思想的来源作为逻辑主线，分别论述与其思想形成有关的几位重要法学家及其学说，以及奥斯丁运用分析实证的方法对这些学说的批判。这部分将采用法律思想的批判继承关系作为章节前后安排的顺序，并以此来描绘分析实证主义法学形成的进路。论证第二部分的观点。 第四部分，根据前面对奥斯丁法律思想来源的探讨，总结奥斯丁对分析实证主义法学的贡献，即他在批判前人的过程中所采用的分析实证方法及研究思路。 第五部分，作为结尾，该部分将以分析实证主义法学后续发展的一部分情况，对奥斯丁的古典分析实证主义做一些回应。重点探讨奥斯丁开创的分析实证的研究方法在后继者中的运用。 至此，奥斯丁与分析实证主义法学形成关系的概况将展现在我们面前。
[Abstract]:Any great theory will come from the inheritance and criticism of the former great theory. Just as Conde put forward positivism in his critique of metaphysics, Bentham put forward utilitarianism in his critique of Blackstone, Austin perfected his own legal thought in the process of criticizing Hobbes and Bentham. And then formed an analytical positivism law. Taking the logical relationship of academic thought as the main line and Austin's legal thought as the reference, this paper combs the formation process of this school by combing the theories of several important representatives who have an influence on his legal thought. The first part, introduction raises questions, introduces the significance of the topic. The meaning of "Analytical positivism Law", the meaning of "Analytical positivism Law formation" and the relationship between "Austin's legal thought" and "Analytical positivism Law" are briefly summarized. In order to clarify the purpose and context of this study. The second part discusses the characteristics of Austin's legal thought, and points out that the research method and research object are the main marks of the formation of positivism law. In the third part, taking the source of Austin's legal thought as the logical thread, the author discusses several important jurists and their theories related to the formation of his thoughts, and his criticism of these theories by using the method of empirical analysis. This part will adopt the critical inheritance relation of the legal thought as the order of arrangement before and after the chapter, and describe and analyze the path of positivism law formation. The second part of the argument point of view. The fourth part, according to the previous discussion on Austin's legal thought source, summarizes Austen's contribution to the analysis of positivism law, that is, the analytical and empirical methods and research ideas he used in the process of criticizing his predecessors. The fifth part, as the end, will make some responses to Austen's classical analytical positivism by analyzing part of the development of positivism law. This paper focuses on the application of empirical research methods initiated by Austen to successors. At this point, the relationship between Austen and analytical positivism law will be revealed in front of us.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90
本文编号：2209663
[Abstract]:Any great theory will come from the inheritance and criticism of the former great theory. Just as Conde put forward positivism in his critique of metaphysics, Bentham put forward utilitarianism in his critique of Blackstone, Austin perfected his own legal thought in the process of criticizing Hobbes and Bentham. And then formed an analytical positivism law. Taking the logical relationship of academic thought as the main line and Austin's legal thought as the reference, this paper combs the formation process of this school by combing the theories of several important representatives who have an influence on his legal thought. The first part, introduction raises questions, introduces the significance of the topic. The meaning of "Analytical positivism Law", the meaning of "Analytical positivism Law formation" and the relationship between "Austin's legal thought" and "Analytical positivism Law" are briefly summarized. In order to clarify the purpose and context of this study. The second part discusses the characteristics of Austin's legal thought, and points out that the research method and research object are the main marks of the formation of positivism law. In the third part, taking the source of Austin's legal thought as the logical thread, the author discusses several important jurists and their theories related to the formation of his thoughts, and his criticism of these theories by using the method of empirical analysis. This part will adopt the critical inheritance relation of the legal thought as the order of arrangement before and after the chapter, and describe and analyze the path of positivism law formation. The second part of the argument point of view. The fourth part, according to the previous discussion on Austin's legal thought source, summarizes Austen's contribution to the analysis of positivism law, that is, the analytical and empirical methods and research ideas he used in the process of criticizing his predecessors. The fifth part, as the end, will make some responses to Austen's classical analytical positivism by analyzing part of the development of positivism law. This paper focuses on the application of empirical research methods initiated by Austen to successors. At this point, the relationship between Austen and analytical positivism law will be revealed in front of us.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90
【引证文献】
相关期刊论文 前3条
1 刘之杨;;法学流派成长要素的具象观察——以18—20世纪的分析法学派为例[J];中南财经政法大学研究生学报;2016年06期
2 刘之杨;;略论法学流派形成的核心要素——以从边沁到哈特的分析法学派为例[J];财经政法资讯;2016年04期
3 王亚静;;论分析实证主义法学对我国法制建设的启示[J];法制与社会;2015年01期
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