道德与法律:从柏拉图到霍布斯

更新时间:2023-07-06 12:48:16 阅读: 评论:0

篇》。通过踏实、细致的文本分析,系统刻画柏拉图的政治法律思想,提取其思想之“德性”主题,并解析古典语境中的道德二重性。柏拉图为西方古典思想之奠基者,是对比式解读霍布斯的重要参照。因此,本文花相当之篇幅在柏拉图思想的分析上,以为后面对霍布斯的解读做下思想史铺垫。故而,这一部分是全文的基石所在。
第二部分“霍布斯政治法律思想概述”,主要讨论《利维坦》中所见的霍布斯思想及其“权利”主题。由于相当部分的分析基础已在第一部分做了交代,故而此处不再重复,这在篇幅上就显得相对较为简略。但这似乎不妨碍问题的表达。
第三部分“道德与法律及其关系的历史转变”,以集中的方式比较柏拉图与霍布斯语境中“人”、“政治”、“道德”与“法律”的内涵及其关系的历史转变,为本文论旨之所在。
第四部分“一些必要的余论”,择取霍布斯之后的奥斯丁、哈特与富勒作为进一步的思想史观察对象。这一补充式观察分析的目的,是试图通过对思想史更加纵深的分析,既进一步凸显霍布斯的思想史意义,又在法学领域刻画出“现代性”的基本意象,且可以“现代”对观“古典”,从而与柏拉图思想形成深刻的历史映照。
关键词:柏拉图;霍布斯;人;政治;道德;法律
Abstract
The relationship between “people” and “politics” states the relationship between “morality” and” law”. In the field of political philosophy, from the "politics" starting states "people" or from "people" starting rule "politics", which is the critical distinction between “classicality" and "modernity". Plato choo the thinking road from the "political" to "people" .In its view, "people" can not be assumed abstractedly, but must be placed in the context of “politics”. Existence of human can be divided into existence on biological n and existence on spiritual n. As a existence on biological n, the basic requirements of human is a desire to survive; as a existence on spiritual n, the basic requirements of human is a spiritual values, its concentrated expression is "virtue." Politics in a fundamental is involved in matter of the public, and is a life reality of human. Therefore, the "political" connotation and temperament has a direct logical relationship with "human" requirement. From the "political" to "person" means, "person" will be put on the "politics" to be defined, that is, from the "overall" ruling "individual" and thus the esnce of human nature is defined as the spiritual values, which is defined as "justice" by Plato and taken as an instruction from public and personal life. Thus, as existence on the biological significance, human desire to survive suffers the stern repression from the "virtue”. Not only the construction of public social order depends on the value orientation as a spiritual virtue, but also the value of life does. In this context of "the sacred ", the desire becomes an object of moral evaluation. Plato believed that the ultimate value and meaning of life lies in that ratio
nality tames desire by jointing passion, i.e. oriented to "justice" or "good." "Philosopher-king's rule" defines "politics" as the great spiritual cau that for the construction of public order, and eventually through the solemn call of "Virtue" theme, aims at achieving an infinite spirit value of human. "Virtue" is the resource of value in the path of the thought, occupies an unassailable position in Plato's discour, and is the soul of human, political, law; Plato thinks that the "person" is not a god or hero's descent, but some profane person, which resulted in the limits of human nature, that people will order their own desires and deviate from the "virtue." So this world has crime. This is human nature; therefore, the law is necessary. This is the specific content and their mutual relations of "people" and "politics”,"morality" and "law”.
Hobbes ,who create "modernity" in the political philosophy,completely abandoned the
classical Platonic road, he established the basic ideas not from the "politics" to "people", but from the "people" to " politics". In the relationship between “people” and “politics”, Hobbes, who is different from Plato, places human in the "natural state" instead of in the "politics". The academic strategy has the epoch-making significance in the subquent process of ideas history. In the "natural state", human′desire to survive obtain the first prescriptive, that is, the natural desire to survive has the legitimacy and thus, "person" is defined as one who is guided by a natural law, takes their desire to s
urvive ( their legal expression is the "right") as the guidance, is the value root of this lf-existence. This shapes a "new man" of the modernity who is completely distinct from the classical image .The meaning of life were proud to identify in the "this side of the world" by modern people .Politics is the great cular caus to respect, implement and protect the "rights" As the law is the expression of rights, therefore, rights-oriented politics must be converted to legal form. In other words, the political problem is transformed into legal issues. Law rather than ethics has become the soul of politics and the basic form of speech of politics. The definition of ethics is also changed. According to Plato, desire is the evaluation object of virtue, and virtue is the evaluation scale of desire, which is a solemn moral repression to desire. However, in the ideological context of Hobbes, the people's desires have been identified as human nature; morality is no longer on top of and above the desire to suppress the desire, but rather the expression of rights. It that meets the right (desire) will be regarded as “good”, and that is discomfort from rights, will be regarded as "evil.” It can be en that desire is no longer an object of moral evaluation, but standards of moral evaluation. This is the "new morality" in the context of Hobbes: to respect and protect rights (desire), and given up the pursuit of the sacred and transcendence, while focusing on protection of the cular rights, merely emphasizing on the construction and maintenance of public order.
If we say that in the context of Plato′thought, as far as the relationship between "human" and "politics" is concerned, Plato choo from the "politics" to "people", and on this basis, determine that the morality dominate the law; then, Hobbes's cular discour choo the thought road from “people" to "politics", and identify that law as a concentrated expression of the rights dominate morality. The connotation of morality and the transformation of its historical status is shown through the dual morality (the morality of obligation and the morality of willing) becoming lingual morality (the morality of obligation). The history of legal thought after Hobbes illustrates this idea orbit in a more concrete level: Austin, Hart and
Fuller describe the different image of law in the context of the modernity. Through the complex surface of their thoughts, eventually the main melody compod by Hobbes can be en in the depths of their thoughts: from "people" to "politics"; the spirit connotations of the morality and law they discusd are the modern extension of Hobbes's theory.有生之年狭路相逢
The uniquity of this paper is that, from this particular perspective of relationship between "people" and "politics" starting, clarify the specific connotations of "morality" and "law" and the historical transformation of their mutual relationship in the context of Plato and Hobbes. In order to deepen understanding of the theme of the history of human ideas, it is needed to grasp deeply historical doc
uments. Therefore, the basic approach ud in this paper is historical analysis and text analysis.
社会实践论文3000字
This paper is divided into four parts:
西班牙国王杯赛程
拍青瓜The first part:"an overview of Plato's political and legal thinking", focud on analyzing the "National Chapter", "politicians Chapter" and "Laws." Through realistic, detailed text analysis systemically depicts Plato's political and legal thinking, and withdraw "virtue" theme from its own ideas, and analyze the duality of morality in the classical context. Plato is a founders of Western classical thoughts, is an important reference to understand Hobbes. Therefore, this article has devoted much in the analysis of Plato's thinking,. So, this part is the cornerstone of the full text.
The cond part: "an overview of Hobbes political and legal thought," focus on "Leviathan" and "right" topic of Hobbes thought. As considerable parts of the analysis has done in the first part of the disrtation and therefore I will not repeat here.
The third part ,"relationship between morality and law and the historical transformation of their relationship ", concentratedly compare meanings of "people" and "politics", "morality" and "law" and the historical transformation of their relationship in the context of Plato and Hobbes. The thesis of the disrtation lies in it.
The fourth part," the necessary supplements ", choo Austin, Hart and Fuller after Hobbes to obrve further the history of ideas. The purpo of his supplemental analysis is to understand deeply "classicality"and"modernity”.
Key words: Plato;Hobbes;People;Politics;Morality;Law
目录
引    言 (1)
一、柏拉图政治法律思想概述 (3)有关党的歌曲
(一)《国家篇》内在逻辑陈述 (3)
(二)《政治家篇》内在逻辑陈述 (7)
(三)《法律篇》内在逻辑陈述 (8)浦东外国语小学
(四)柏拉图政治哲学之“德性”主题与道德之二分 (11)
二、霍布斯政治法律思想概述 (15)
(一)《利维坦》内在逻辑陈述 (15)
卡尔加里大学(二)霍布斯思想之“权利”主题 (17)
三、人与政治、道德与法律及其关系的历史转变 (19)
四、一些必要的余论 (23)
(一)奥斯丁思想逻辑陈述(以《法理学的范围为》中心) (23)
(二)哈特学说逻辑之陈述(以《法律的概念》为中心) (26)
(三)富勒学说逻辑陈述(以《法律的道德性》为中心) (29)
惊奇的反义词
(四)在现代性语境中从法律与道德之关系观察奥斯丁、哈特与富勒 (31)
结    语 (33)
致    谢 (34)
参考文献 (35)

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