法律的幸福之维
发布时间：2018-10-19 14:15
【摘要】：整个西方法律思想史，就是一个幸福追求史。众多思想家对法律是什么的不懈探寻中，法律建构何以更体现并促进幸福，有意无意间这成为众思想家最易思考的主题。对西方法律与幸福观的历史流变进行梳理，得出法律应认真对待共同体，构架复合多元的共同体和返回幸福之本，德性之源，整合幸福的双重内涵，是法律与幸福关联的根基。 法律是以人为逻辑起点，幸福作为人生的终极追求和追求的永恒价值，理应成为法律关注的焦点。但由于幸福观念的扑朔迷离与人类文明中的公共领域的萎缩和人的价值观念多元化导致幸福缺位于现代法律价值，且由于作为“幸福”观念的法律替代物也不能完全代替幸福，所以幸福本身终极的价值意义最适合作为法律的终极价值。 生活世界是以人和人的生活为中心的世界，实质上是探讨优良和最幸福的生活的观念。作为以人的生活世界为基础的法律，通过法律中人之形象“幸福人”的建构，可使法律的幸福价值彰显。“幸福人”的形象在法律上是一个总括性假设，，是诸部门法的人之形象的诸多特性的集合呈现，它在宪政上的架构是在否定性框架上极具丰富的概括性内涵，具有广阔权利发展空间。 应然意义上，法治是幸福的保障，幸福是法治的应有之义。实然意义上，可以通过法治幸福指数的构建，让幸福判断法治建设成效，让幸福解释权回归公民自身。进而得出幸福法治应该成为我国法治建设的新思维，将人民幸福作为评价法律的依准，切实保障人追求幸福的权利。
[Abstract]:The whole history of western legal thought is a history of pursuit of happiness. In the unremitting exploration of what the law is by many thinkers, the construction of law reflects and promotes happiness, consciously or unintentionally, which is the most easy topic for thinkers to think about. By combing the historical evolution of western law and the concept of happiness, it is concluded that the law should seriously treat the community, construct a complex and pluralistic community and return the root of happiness, the source of virtue, and integrate the dual connotation of happiness, which is the foundation of the relationship between law and happiness. Law is the starting point of human logic, happiness as the ultimate pursuit of life and the pursuit of eternal value, should become the focus of law. However, due to the confusion of the concept of happiness, the shrinking of the public sphere in human civilization and the diversification of human values, happiness is absent from the modern legal value, and because the legal substitute for the concept of "happiness" cannot completely replace happiness, Therefore, the ultimate value of happiness itself is most suitable for the ultimate value of law. The world of life is a world centered on people and their lives. In essence, it is the idea of exploring the best and happiest life. As a law based on the world of human life, the value of happiness of law can be revealed through the construction of the image of "happy person" in law. The image of "happy person" is an all-inclusive hypothesis in law, and a collection of many characteristics of the image of people of all branches of law. Its constitutional framework is full of broad connotations in the negative frame. Has the broad right to develop the space. As it should be, the rule of law is the guarantee of happiness, and happiness is the proper meaning of the rule of law. In fact, we can judge the effect of the rule of law by constructing the happiness index of the rule of law, and let the power of interpretation of happiness return to the citizens themselves. It is concluded that the rule of law of happiness should become a new thinking in the construction of the rule of law in our country. The people's happiness should be regarded as the right to evaluate the law and ensure the right of people to pursue happiness.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90-052
[Abstract]:The whole history of western legal thought is a history of pursuit of happiness. In the unremitting exploration of what the law is by many thinkers, the construction of law reflects and promotes happiness, consciously or unintentionally, which is the most easy topic for thinkers to think about. By combing the historical evolution of western law and the concept of happiness, it is concluded that the law should seriously treat the community, construct a complex and pluralistic community and return the root of happiness, the source of virtue, and integrate the dual connotation of happiness, which is the foundation of the relationship between law and happiness. Law is the starting point of human logic, happiness as the ultimate pursuit of life and the pursuit of eternal value, should become the focus of law. However, due to the confusion of the concept of happiness, the shrinking of the public sphere in human civilization and the diversification of human values, happiness is absent from the modern legal value, and because the legal substitute for the concept of "happiness" cannot completely replace happiness, Therefore, the ultimate value of happiness itself is most suitable for the ultimate value of law. The world of life is a world centered on people and their lives. In essence, it is the idea of exploring the best and happiest life. As a law based on the world of human life, the value of happiness of law can be revealed through the construction of the image of "happy person" in law. The image of "happy person" is an all-inclusive hypothesis in law, and a collection of many characteristics of the image of people of all branches of law. Its constitutional framework is full of broad connotations in the negative frame. Has the broad right to develop the space. As it should be, the rule of law is the guarantee of happiness, and happiness is the proper meaning of the rule of law. In fact, we can judge the effect of the rule of law by constructing the happiness index of the rule of law, and let the power of interpretation of happiness return to the citizens themselves. It is concluded that the rule of law of happiness should become a new thinking in the construction of the rule of law in our country. The people's happiness should be regarded as the right to evaluate the law and ensure the right of people to pursue happiness.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90-052
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