论庞德的社会利益理论
发布时间：2018-11-15 23:23
【摘要】：庞德(1870—1964)美国著名法学家,其一生笔耕不辍,著作丰富,影响深远。特别是对中国有十分深刻的影响,曾任中华民国政府法律顾问,当时中国正处于西法东渐的繁荣时期,庞德这样的法学家的理论,也自然就被介绍到中国来,为中国法治建设提供理论素材。 本文试图对庞德利益理论的相关问题进行探讨,阐述庞德社会学法理学的重点和灵魂,即社会利益论。对其进行深入的理解和反思,从中汲取精华,为我所用。全文除导论之外全文共四部分,导论主要是对庞德的理论背景做简要说明,对国内研究庞德的文献进行综述和概括。 第一部分主要是对庞德著作的理解和概括,梳理穿插于庞德繁多和复杂论述中的社会利益论,提炼出支撑庞德理论的框架结构,进行分析概括,勾勒出社会利益论的全貌,并对现有一个的争论提出自己的观点。第二部分主要是从对1905年美国洛克纳案的分析、美国对宪法修正案的解释、宪法改革和罗斯福新政,探讨庞德的社会利益论在现实中受到的重视的原因,论证庞德提出的社会利益论取代自然权利论的主张的可行性,从侧面让我们了解庞德的社会利益论,使他的理论具有现实性和有说服力。第三部分主要从实用主义哲学的角度分析庞德的社会利益论,利用新实用主义者理查德·罗蒂的对实用主义特征的概括,来说明庞德社会利益论的一些深层次的蕴涵,剖析庞德社会利益论在当今社会失去影响力的原因。第四部分主要是对庞德社会利益论可能存在的不足探讨,依据美国社会法学家弗里德曼对“利益”和“利益的要求”区分理论,探讨庞德的社会利益论可能陷入的误区。最后在此基础上运用庞德社会利益论,对中国有关社会利益的问题提出有意义的建议。
[Abstract]:Pound (1870-1964) a famous American jurist whose work was abundant and far-reaching. In particular, it has a very profound impact on China. Zeng Ren Zhonghua was a legal adviser to the Republic of China government. At that time, China was in the midst of a prosperous period of western-eastern France. The theory of jurists like pound was naturally introduced to China. To provide theoretical material for the construction of China's rule of law. This paper attempts to discuss the related problems of pound's interest theory, and expounds the focus and soul of pound's sociological jurisprudence, that is, social interest theory. Deeply understand and reflect on it, draw the essence from it, and use it for me. In addition to the introduction, the full text is composed of four parts. The introduction is mainly a brief explanation of pound's theoretical background, and a summary of the domestic literature on pound. The first part is mainly about the understanding and generalization of pound's works, combing the social interest theory interspersed in pound's numerous and complicated expositions, abstracting the frame structure that supports pound's theory, analyzing and generalizing it, and sketching out the whole picture of social interest theory. And the existing one of the argument put forward their own point of view. The second part is mainly from the analysis of the 1905 Lockna case in the United States, the American interpretation of the constitutional amendment, the constitutional reform and Roosevelt's New deal, and discusses the reasons why pound's theory of social interests has been attached importance to in reality. To demonstrate the feasibility of pound's theory of social interests replacing the theory of natural rights, from the side let us understand pound's theory of social interests, so that his theory is realistic and persuasive. The third part mainly analyzes pound's theory of social interest from the perspective of pragmatism philosophy, and uses Richard Rorty's generalization of the characteristics of pragmatism to explain some profound implications of pound's theory of social interest. This paper analyzes the reasons why pound's theory of social interest has lost its influence in today's society. The fourth part mainly discusses the possible shortcomings of pound's theory of social interest. According to Friedman's theory of distinction between "interest" and "requirement of interest", the author discusses the misunderstanding that pound's theory of social interest may fall into. Finally, based on pound's theory of social interest, the author puts forward some meaningful suggestions on China's social interests.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.1
本文编号：2334706
[Abstract]:Pound (1870-1964) a famous American jurist whose work was abundant and far-reaching. In particular, it has a very profound impact on China. Zeng Ren Zhonghua was a legal adviser to the Republic of China government. At that time, China was in the midst of a prosperous period of western-eastern France. The theory of jurists like pound was naturally introduced to China. To provide theoretical material for the construction of China's rule of law. This paper attempts to discuss the related problems of pound's interest theory, and expounds the focus and soul of pound's sociological jurisprudence, that is, social interest theory. Deeply understand and reflect on it, draw the essence from it, and use it for me. In addition to the introduction, the full text is composed of four parts. The introduction is mainly a brief explanation of pound's theoretical background, and a summary of the domestic literature on pound. The first part is mainly about the understanding and generalization of pound's works, combing the social interest theory interspersed in pound's numerous and complicated expositions, abstracting the frame structure that supports pound's theory, analyzing and generalizing it, and sketching out the whole picture of social interest theory. And the existing one of the argument put forward their own point of view. The second part is mainly from the analysis of the 1905 Lockna case in the United States, the American interpretation of the constitutional amendment, the constitutional reform and Roosevelt's New deal, and discusses the reasons why pound's theory of social interests has been attached importance to in reality. To demonstrate the feasibility of pound's theory of social interests replacing the theory of natural rights, from the side let us understand pound's theory of social interests, so that his theory is realistic and persuasive. The third part mainly analyzes pound's theory of social interest from the perspective of pragmatism philosophy, and uses Richard Rorty's generalization of the characteristics of pragmatism to explain some profound implications of pound's theory of social interest. This paper analyzes the reasons why pound's theory of social interest has lost its influence in today's society. The fourth part mainly discusses the possible shortcomings of pound's theory of social interest. According to Friedman's theory of distinction between "interest" and "requirement of interest", the author discusses the misunderstanding that pound's theory of social interest may fall into. Finally, based on pound's theory of social interest, the author puts forward some meaningful suggestions on China's social interests.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.1
【引证文献】
相关硕士学位论文 前1条
1 吴维维;利益导向型计划生育工作创新的实证研究[D];浙江大学;2012年
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