Philosophy Of Law And The Logical Starting Point Probe

Legal philosophy nowadays produced, developed into already more than 2,000 years by oneself, the exploration of her has been never disconnected. Say as a discipline, philosophy of law is still a new developing discipline in our country; Await the achievement further, development and perfecting. So, I bring the bright expectation , hope the insignificant some done by oneself is sought, can be for studying the strength of contributing one's own meager strength basically of legal philosophy.This text explores newly legal philosophy from two big problems mainly. First, legal philosophy is anything; Second, what is a logic starting point of legal philosophy. These two questions are interrelated, to research there is philosophy of law what, it is for offering the settlement of the logic starting point of legal philosophy with certain language environment, language atmosphere; And seek the logic starting point of legal philosophy, it is for building and constructing the philosophy theoretical system of the whole law, regard this as and launch the study on philosophy theories of the law in the future and lay the foundation. On the basis of the above necessity and possibility that visit to legal philosophy and logic starting point newly, this text is divided into three major parts and described :First part is about the visiting newly of legal philosophy. Legal philosophy one talking about landing too mighty, proposition in she have too much to deserve exploring, this text is it explore to go on about definition , philosophy of law alone, as to " what law philosophy " question this, all been different people, different views on philosophy circles of the law all the time. In order to offer a relatively accurate definition of legal philosophy, and then come to explain law philosophy from three small parts: First the research visual angle of legal philosophy. This text attempts to seek an original question in the world from past philosophy, to pay close attention to the value aspects ofpeople and the world relation, thus in terms of value , seek the definition of legal philosophy in value field which pays close attention to the law . Second the research object of legal philosophy. On the basis of the inalienable relation between legal philosophy and philosophy, from the transition of the research object of philosophy, from paying close attention to the fact in the past what the world was, philosophy ontology that world could realize ,etc, the epistemology question is turned to the question which pays close attention to people and Introduce law philosophy of law should care about such value as people's destiny and people's self-perfection and self-development ,etc. So its research object should be research and exploration to people and legal interaction; Third a basic category of legal philosophy. Any discipline has one's own basic category, the basic category of law philosophy was "law " and " people ". According to describing the above three parts, the definition of summarizing law philosophy is: legal philosophy is the metaphysics of the law, require the jurist and philosopher, must pass philosophy thinking, perspect the legal phenomenon in terms of relation between people and law, analyze people's activity influence on the law or legal operation, and the value to people of law or the law. Its purpose lies in pursuing people's self-perfection , self-development, build the laws of people integrative living environment, realizes people and society , people , harmony of law finally , realizes ultimate care in " life style and life style of law of people ".Second part explores the logic starting point of legal philosophy newly. Introduce the relevant problems about the logic starting point at first: the sureness of the logic starting point is not an easy thing, which principles sureness of the logic starting point adheres to, have three basic principles according to Mr. Xue KeCheng's view: Insist on " three " of the logic starting points -History, the prerequisite , universality, this is and the main thought about the logic starting point question of Hegel is compatible, reflect three major characteristics of the logic starting point from the Hegel's thoughts. We introduce the studying state of logicstarting point of legal philosophy in our country secondly; Proposing author's one's own view thirdly, the logic starting point of legal philosophy should be that the law need. To the possibility and the reality could be regarded as logic starting point of legal philosophy, I have explained from the following several respects: First, the relation need with need of the law. This part explains the intension that the law needs from two respects. On the one hand , analyze according to the definition of the need , on the other hand , launch according to the classification of the need; Second, the law needs to accord with the characteristic of the logic starting point, Third, expound the fact the law needs the relation with formulation , having , developing of the law with the fourth small part. Describe according to the above, thus we can try to confirm the legal need as the logic starting point of legal philosophy from the static and dynamic angles.The research of any theory will get back to actual life finally; And will have any important directive significance to our practice. So the third part is a meaning about visiting to legal philosophy and logic starting point newly. It is mainly two respects: First, theory meaning, the try of this text can enrich the achievement studied to legal philosophy and logic starting point, study and make contributions basically for law philosophy. Second, realistic meaning, so in this era governed by law, the research of legal philosophy and logic starting point have important meanings for building civilization governed by law to our country and recommending running the country according to law .