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Accordingly, the philosophy of law has become a sub-discipline of law. Although the abstract Fa itself is a pure ideological creation, its emergence is not without an objective basis. The abstraction of thought ultimately leads to objective existence.
Abstract thinking about the law is fundamentally the product of the development of positive law to a certain stage. The development of positive law determines the objectivity of the abstract thinking of law. When the empirical method as an objective existence has developed to a certain extent, the need for a high degree of theoretical generalization arises.
The various attributes and connections of the objective existence of the Dharma constitute the content of abstract thinking about the Fa. The existence and development of the philosophy of law is nothing more than the inevitability of the existence and development of the law of reality. The abstract law is only a reflection of the existence of the actual law.
Through the mediation of reason, the law of reality objectifies itself into the concept of abstract law, develops from the law of itself to the law of itself, and from the concrete form of the sensibility to the universal form of reason. The objective existence of the law determines the thinking about the law, and at the same time, it is sublimated in its own object, and the dialectical materialist law that existence determines thinking will be fully confirmed in the philosophy of law.
Abstract law is rooted in the existence of actual law, and at the same time, it is relatively independent, and it itself is a subjective objective existence. Compared with human thinking, the Fa is a set self-contained subject, and this subject has its own relatively independent development process, which requires people to understand it through reason. In this sense, people's knowledge of the law is only the object of the production of this self-contained subject.
The development of the abstract Dharma is expressed in the understanding of it by the human mind. Without its relative independence and its freedom and self-reliance, it will be difficult to make progress in the philosophy of law. As a rational existence, law is prescriptive and diverse, and its prescriptiveness and diversity are reflected in the process of human thinking understanding it.
From the perspective of the development process of the law, the law is the subject of self-determination, and the understanding of human thinking about it is only the object of its production. From the perspective of human thinking, the law that exists as a concept becomes the object of thinking and cognition, and human thinking about it becomes the subject of cognition. Dharma forms an antithetical unity with the human mind's perception of it, and both are confirmed in their respective objects.
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There is a certain connection between law and philosophy, and some of the specialized knowledge of law is derived from philosophy, and philosophy contains many aspects of blind knowledge and philosophy.
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The end of everything studied in law is philosophy, philosophy is the guiding ideology of law, and law also lays the foundation of philosophy, and the two are closely related to each other.
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Philosophy has a guiding role in legal science, which is actually an implementation of philosophy, and the two exist separately, but they form a system with each other.
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Law can be roughly divided into two categories: theoretical law and applied law, and of course there are other divisions.
Theoretical jurisprudence is also called jurisprudence and philosophy of law, and if you don't make a detailed distinction, it is basically the same thing; Applied jurisprudence is too huge, criminal law, civil law, administrative law.
Procedural law, commercial law, fiscal and taxation law, and even military law, there is basically a professional category, and a corresponding applied law can be pinched out.
The relationship between the two is that the in-depth study of any problem of applied law will often rise to a theoretical or even philosophical problem; The purpose of any kind of philosophy is to provide guidance for practical life, and theoretical jurisprudence is also to provide guidance for the actual needs of law.
Law and philosophy are both liberal arts, but philosophy is purely theoretical, and law is a discipline that combines theory and practice, and I personally believe that its practicality is the fundamental attribute.
Here's a formal question for you:
If you study applied law, then the postgraduate examination in philosophy is basically not very suitable.
If you study theoretical law and then take the postgraduate examination in philosophy, it is equivalent to continuous upgrading and sublimation.
Of course, the undergraduate law is a second degree.
I don't know if it will continue to be divided.
At present, if you want to take into account the calm words, then theoretical law is more suitable for you. I am this professional, then, welcome! Future apprentices.
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1.The academic tradition is different: jurisprudence.
It is a basic discipline of law, and it is inherited from modern positivism.
Tradition is rooted in empiricism.
Target; Philosophy of law is "philosophy in law", that is, "a sub-discipline of philosophy", which inherits the traditional philosophy of the West, which is rationalism.
Target; 2.The subjects of the studies are different:
Because jurisprudence is a sub-discipline of law, only jurists study jurisprudence, that is, people who really take law as their profession; The researchers of legal philosophy include both jurists and philosophers, thus giving rise to the so-called "legal philosophy of jurists" and "legal philosophy of philosophers".
4.The objects of research are different: jurisprudence mainly studies "the law that actually exists and is made by man", rather than "the law that should exist"; The philosophy of law is more concerned with the law of what should be done, and it also includes the law of reality.
5.The purpose of the research is different: jurisprudence is more about the legislative and judicial practice activities guided by the actual study of the law, so that the legal activities meet the requirements of rationality; The mission of the philosophy of law is unique, the answer to justice.
6.Since theoretical law is a group of disciplines composed of a group of disciplines related to the theory of law, it naturally has different levels, while jurisprudence is at the second level, which is to take the actual situation of law as the object of study and guide the social practice of law.
disciplines; The philosophy of law is the study of the most important value of the law, that is, the question of "what is the correct law", which is at the highest level.
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The philosophy of law is a discipline of the basic theory of law in Western countries. Also known as legal philosophy. In countries such as the United Kingdom and the United States, it is often referred to as jurisprudence. (There are doubts here, and many scholars have argued that jurisprudence and legal philosophy should be different disciplines, and this is the point of controversy.)
The philosophy of law is the theoretical thinking about the highest form of law. The philosophy of law is the study of the highest abstraction of the various levels of law and its actualization. Philosophy of law, also known as philosophy of law or legal philosophy, is a comprehensive discipline that studies and thinks about legal issues from the perspective of philosophy and uses philosophical methods.
It is both a category of applied philosophy (or the philosophy of the Piche department); It is also a sub-discipline of theoretical jurisprudence.
The content of <> philosophy of law existed as early as the Greek and Roman times, and its name only became popular in the late 18th and early 19th centuries. In 1798, Hugo, the founder of the school of historical law, titled his published work "Textbook of Natural Law as Positive Law, Particularly the Philosophy of Private Law". In 1821, Hegel's Principles of the Philosophy of Law was published.
At that time, science was not yet developed, and philosophy replaced all sciences as "the science of science", especially some idealistic philosophers tried to establish an all-encompassing philosophical system, and regarded other disciplines as a link in this system. Hegel's philosophy can be said to be the last attempt at such a system, and his philosophy of law is an integral part of his vast idealistic philosophical system.
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Philosophy is the foundation of the law. The correct law must be based on philosophical arguments, and the wrong law is necessarily contrary to philosophical justice.
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Comrade, freshman? Very courageous, but also naïve. However, law really has nothing to do with philosophy, it is not absolute, but it is definitely in Shannong.
You don't want to double major in philosophy because you want to study it, do you? If yes, then study on your own so that you can waste less time. Trust me, you'll understand what I'm talking about.
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(1) Law and Sociology.
Sociology is an important social science of comprehensive significance, which mainly studies the macro issues of social structure, social activities and their processes. There is a close and intertwined relationship between law and sociology. On the one hand, law is to study the law in society and study law as a social phenomenon, and on the other hand, sociology wants to study society through law, so the two have an extremely wide range of common topics.
2) Law and Philosophy.
Philosophy is the summarization and generalization of knowledge about nature, society, and the mind. Philosophy and law are closely related, and law was a branch of philosophy until the 19th century. With the development of people's understanding of law, law has gradually become an independent discipline, but law has always been greatly influenced by philosophy.
The relationship between law and philosophy is most evident in jurisprudence. Because jurisprudence is a philosophical reflection on the fundamental questions of law.
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Jurisprudence. Sociology. Philosophy. Inclusion of each other. Indeed, they are independent of each other.
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