霍布斯的法律观探析
发布时间：2018-11-14 13:03
【摘要】： 霍布斯作为17世纪英国伟大的思想家,其法律思想在整个欧洲乃至全世界的重要地位都是不言而喻的。他以人性论为出发点,以自然权利和自然状态为基础,开创性地论证了社会契约的产生和国家存在的必然性,从而构建了其法律观的核心:国家主义。同样地,霍布斯寻求了一种不同以往的研究路径,他仿照自然科学的研究方法,探索出逻辑严密的法律论证方法,让自然科学、政治哲学以及公民科学三者有机地结合为一体。霍布斯在历史上也极具争议,传统上大多数人都将霍布斯列为近代自然法的代表人物,也有人认定霍布斯是法律实证主义的创始人之一,这些说法均无法全面、准确地把握霍布斯的法律思想。其法律观的创新意义和两面性的特点正是本文研究的意义所在。 全文共分为三部分,在交代了研究目的、材料和方法之后,第一章阐述了霍布斯法律观产生的社会背景、自然科学基础和思想渊源,进而认为,霍布斯的创作并非是在一个具有浓厚学术气氛的环境中进行的,确切地讲,他的哲学和政治思想在一定程度上是当时英国和欧洲社会现实的反映。同时,霍布斯继承了人文主义思潮和马基雅维利的某些观点,在借鉴了新的自然科学方法论的基础上为自己的公民科学寻求一个让人信服的理由和方式。接下来第二章梳理了霍布斯法律观的内容,论证了其思想由自然法向实证法的转变过程。从人性论开始,说明了因此而产生的自然权利,随即形成的自然状态,以及最后形成的国家,揭示了霍布斯国家主权至上的核心理念。论文最后一章是对霍布斯法律观的评价,他的法律观具有两面性的特点,一方面霍布斯用近代自然法观阐述人所生活的前国家状况。另一方面,为了给这种无政府状态划上句号,他转而换用法律实证主义的观点为国家至上主权提供依据和保障。我们可以说他既是近代自然法的奠基人,也是法律实证主义的先驱。 霍布斯是时代造就的伟大者,虽然其法律观并不是尽善尽美,但他在整个法律思想史上起到了承前启后的作用,他的贡献永远是世人无法复制的。
[Abstract]:Hobbes, as a great British thinker in the 17 th century, his legal thought in the whole Europe and even the world's important position is self-evident. Taking the theory of human nature as the starting point and taking the natural rights and natural state as the basis, he demonstrated the emergence of the social contract and the inevitability of the existence of the country, and thus constructed the core of his legal view: nationalism. In the same way, Hobbes seeks a different way of research. He imitates the research method of natural science, and explores the method of legal argumentation with strict logic, so that natural science, political philosophy and civil science can be combined into one organic whole. Hobbes is also very controversial in history. Traditionally, most people have listed Hobbes as a representative of modern natural law, and some people think that Hobbes is one of the founders of legal positivism. Accurately grasp Hobbes' legal thought. The innovative significance and dual-sided characteristics of its legal view is the significance of this study. The paper is divided into three parts. After explaining the research purpose, materials and methods, the first chapter expounds the social background, the natural science foundation and the thought origin of Hobbes' legal view, and then thinks that, Hobbes' creation was not carried out in an environment with a strong academic atmosphere. To be exact, his philosophy and political thought were to some extent the reflection of the social reality of England and Europe at that time. At the same time Hobbes inherited humanism and Machiavelli's views and sought a convincing reason and method for his civic science on the basis of drawing lessons from the new natural science methodology. The second chapter combs the content of Hobbes' view of law and demonstrates the transformation process of his thought from natural law to positive law. Beginning with the theory of human nature, this paper explains the natural rights, the natural state and the final state of nature, and reveals the core idea of Hobbes' supremacy of state sovereignty. The last chapter is the evaluation of Hobbes' view of law, which has two sides. On the one hand, Hobbes uses the modern view of natural law to expound the former state of life. On the other hand, in order to put an end to this anarchy, he switched to the legal positivism to provide the basis and guarantee for the supreme sovereignty of the state. We can say that he is not only the founder of modern natural law, but also the pioneer of legal positivism. Hobbes is a great man made by the times. Although his legal view is not perfect, he plays a role in connecting the past with the future in the whole history of legal thought, and his contribution can never be copied by the world.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.561
本文编号：2331231
[Abstract]:Hobbes, as a great British thinker in the 17 th century, his legal thought in the whole Europe and even the world's important position is self-evident. Taking the theory of human nature as the starting point and taking the natural rights and natural state as the basis, he demonstrated the emergence of the social contract and the inevitability of the existence of the country, and thus constructed the core of his legal view: nationalism. In the same way, Hobbes seeks a different way of research. He imitates the research method of natural science, and explores the method of legal argumentation with strict logic, so that natural science, political philosophy and civil science can be combined into one organic whole. Hobbes is also very controversial in history. Traditionally, most people have listed Hobbes as a representative of modern natural law, and some people think that Hobbes is one of the founders of legal positivism. Accurately grasp Hobbes' legal thought. The innovative significance and dual-sided characteristics of its legal view is the significance of this study. The paper is divided into three parts. After explaining the research purpose, materials and methods, the first chapter expounds the social background, the natural science foundation and the thought origin of Hobbes' legal view, and then thinks that, Hobbes' creation was not carried out in an environment with a strong academic atmosphere. To be exact, his philosophy and political thought were to some extent the reflection of the social reality of England and Europe at that time. At the same time Hobbes inherited humanism and Machiavelli's views and sought a convincing reason and method for his civic science on the basis of drawing lessons from the new natural science methodology. The second chapter combs the content of Hobbes' view of law and demonstrates the transformation process of his thought from natural law to positive law. Beginning with the theory of human nature, this paper explains the natural rights, the natural state and the final state of nature, and reveals the core idea of Hobbes' supremacy of state sovereignty. The last chapter is the evaluation of Hobbes' view of law, which has two sides. On the one hand, Hobbes uses the modern view of natural law to expound the former state of life. On the other hand, in order to put an end to this anarchy, he switched to the legal positivism to provide the basis and guarantee for the supreme sovereignty of the state. We can say that he is not only the founder of modern natural law, but also the pioneer of legal positivism. Hobbes is a great man made by the times. Although his legal view is not perfect, he plays a role in connecting the past with the future in the whole history of legal thought, and his contribution can never be copied by the world.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.561
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