论拉德布鲁赫价值相对主义法哲学
发布时间：2019-06-03 22:15
【摘要】： 古斯塔夫·拉德布鲁赫是德国法律思想史上一位充满学术魅力而又颇富争议的法学思想家。对他的法学思想进行一次完整的梳理和系统的研究,有助于推动我国法学朝着多样化、现代化的方向前进。 拉德布鲁赫价值相对主义法哲学理论传承有自,影响深远。作为新康德主义运动的杰出代表,他的思想既继承了康德哲学的主流理论并总结了康德主义与新康德主义哲学家们的思想成就,又巧夺天工般的开辟了自己独具特色的理论阵地。最难能可贵的是,他将价值引入法学研究,提出了区别于自然法学和实证法学的法的概念即“关涉价值的现实”,并将传统法理念“应然与实然”、“价值与现实”之间的二元论改造为“价值、文化、现实”的三元论,解决了“二律背反”的时代课题,为二战纽伦堡审判提供了可靠的法理依据。 独特且深邃的价值相对主义法哲学理论,使世人对他的思想的评价,在他生前身后,褒贬不一,争议不息。其主要原因,归根结底在于大部分研究者没有能够彻底的深入探讨其价值相对主义法哲学的本质,从而陷入所谓“转向”的误区。笔者认为,拉德布鲁赫的价值相对主义法哲学,从来不存在从自然法转向实证法的问题,其实质是融二者于一炉之精华,被誉为“法哲学史上的一支奇葩”。
[Abstract]:Gustav Radbloch is a legal thinker full of academic charm and controversy in the history of German legal thought. A complete combing and systematic study of his legal thought is helpful to promote the diversification and modernization of Chinese law. Radbroch's value relativism philosophy of law has its own inheritance and far-reaching influence. As an outstanding representative of the new Kant movement, his thought not only inherits the mainstream theory of Kant philosophy, but also summarizes the ideological achievements of Kant and new Kant philosophers. And skillfully opened up their own unique theoretical position. The most valuable thing is that he introduced value into the study of law, put forward the concept of law, which is different from natural law and empirical law, that is, "the reality related to value", and put the traditional concept of law into "should and be". The dualism between "value and reality" was transformed into the dualism of "value, culture and reality", which solved the subject of the times of "antinomy of two laws" and provided a reliable legal basis for the Nuremberg trial in World War II. The unique and profound value relativism philosophy of law makes the world evaluate his thought, before and after his life, there are different opinions and disputes. In the final analysis, the main reason is that most researchers have not been able to thoroughly explore the nature of their value relativism philosophy of law, thus falling into the misunderstanding of the so-called "turn". The author believes that Radbroch's value relativism philosophy of law has never changed from natural law to positive law, and its essence is to combine the two in one furnace, which is known as "a wonderful work in the history of legal philosophy".
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90
本文编号：2492261
[Abstract]:Gustav Radbloch is a legal thinker full of academic charm and controversy in the history of German legal thought. A complete combing and systematic study of his legal thought is helpful to promote the diversification and modernization of Chinese law. Radbroch's value relativism philosophy of law has its own inheritance and far-reaching influence. As an outstanding representative of the new Kant movement, his thought not only inherits the mainstream theory of Kant philosophy, but also summarizes the ideological achievements of Kant and new Kant philosophers. And skillfully opened up their own unique theoretical position. The most valuable thing is that he introduced value into the study of law, put forward the concept of law, which is different from natural law and empirical law, that is, "the reality related to value", and put the traditional concept of law into "should and be". The dualism between "value and reality" was transformed into the dualism of "value, culture and reality", which solved the subject of the times of "antinomy of two laws" and provided a reliable legal basis for the Nuremberg trial in World War II. The unique and profound value relativism philosophy of law makes the world evaluate his thought, before and after his life, there are different opinions and disputes. In the final analysis, the main reason is that most researchers have not been able to thoroughly explore the nature of their value relativism philosophy of law, thus falling into the misunderstanding of the so-called "turn". The author believes that Radbroch's value relativism philosophy of law has never changed from natural law to positive law, and its essence is to combine the two in one furnace, which is known as "a wonderful work in the history of legal philosophy".
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90
【引证文献】
相关硕士学位论文 前3条
1 付明地;价值相对主义法哲学发展及路径探析[D];海南大学;2012年
2 叶茂;拉德布鲁赫相对主义法哲学思想研究[D];西南大学;2013年
3 范世杰;拉德布鲁赫法理念的评析及借鉴[D];上海师范大学;2013年
，本文编号：2492261
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