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Philosophical Foundation of China Practical School of Rule of Law

Philosophical Foundation of China Practical School of Rule of Law

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出版日期:2016/05/10
出版:Trajectory.Inc / Journal of Zhejiang University (Humanities and Social Scienc
作者:Wu Jianmin
語言:簡體中文
頁數:20
產品類型:電子書
檔案格式:EPUB(適合手機)

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內容簡介

The philosophical foundation of China practical school of rule of law is practical philosophy,which is not limited to a specific kind,but a combination of rational elements in various types of practical philosophy.Many thoughts in the history of Western philosophy,such as Aristotle's interpretation of the concepts of practice and phronesis(practical wisdom),the theory of practical reason created in German classical philosophy, the practical logic of understanding emphasized by philosophical hermeneutics,and the ideals of action,effect and contingency highlighted by pragmatism in practical philosophy,all provide a solid philosophical foundation for the China practical school of rule of law to create a legal theory of its own.At the same time,the practical philosophy of Confucianism is the most important traditional component of the China practical school of rule of law,while Marx's practical concept helps its fundamental reform in the way of philosophical thinking.Practice is a core concept of China practical school of rule of law.In human thinking history, people understand the practice in different ways,but it is undoubtedly a real academic concept and the philosophical thinking it has initiated is significant.The practical philosophy centered on the practice concept is fundamentally different from the theoretical philosophy,so it has become the basic premise for the China practical school of rule of law to construct its own theory.The concept of practice involves ontology,which will guide the reformation of the way of legal thinking;the concept involves morality, which will lead the rule of law practices to be human-centered;the concept involves creativity,which will invoke people's activities in China's rule of law practices.The concept of practice and its involvement in many dimensions provide a philosophical premise for the China practical school of rule of law to insist on the?combination of knowledge and practice.?Because of the importance of ontology,the concept of practice calls upon a practical world view.Therefore,the China practical school of rule of law must adhere to a basic stand of practical world view.The practical worldview is actually opposite to?material?world view,and proposes a criticism and retrospect to?absolutism.?It is against dogmatism and legalism in legal practices. The ontological stand of the practical world view does not regard?practices?as the world ontology similar to?materials;?it stresses,on the contrary,life practices and the ontological position of?particularity?and?individuals,?which is of great value for the China practical school of rule of law to create its own legal philosophy and form a practical view of rule of law.The dialectical nature of the practical world view,in fact,constitutes the philosophical basis for the actions of the China practical school of rule of law. Practice is an everlasting process,which internally requires phronesis.Both practice and practical wisdom lay a solid philosophical basis for the China practical school of rule of law. Moreover,they play a key role in creating China's own legal theory.The phronesis is truly dialectical,which goes beyond the limitation of universalism,insists on the unity between the universal and the specific,and emphasizes the central position of?specificity,?thus providing an important philosophical basis for the construction of legal philosophy.To hold the stand of phronesis,we must take seriously the?rule of man?logic.This requires an active absorption of thinking in traditional Chinese legal culture.By scheming legal theory and practice from practices and phronesis,China's legal study will usher in a revolution in its way of thinking.

作者介紹

Legal Philosophy Research Center, Hebei University of Economics and Business, Shijiazhuang 050061, China

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