伯尔曼法律信仰思想研究

发布时间：2018-06-05 12:00

本文选题：伯尔曼 + 法律信仰　；参考：《湖南科技大学》2017年硕士论文

【摘要】：特定历史时期的经历与伯尔曼思想的形成息息相关。他在二战中皈依基督教和学者尤金·罗森斯托克-胡塞对他多方面的影响使他与同时代学者的思想截然不同,也是他法律信仰思想形成的关键原因。伯尔曼的法律信仰思想源于他对法律与宗教领域的整合,这一切皆根植于他对自己不同信仰体系(犹太教和基督教)的整合。他批判马克斯·韦伯的思想,否定二元对立,呼吁人们打破意识中的种种界分,而从广义上将对立概念视为历史发展中互相作用的不同向度。他希望改变人们头脑中的意识以应对他眼中的危机,法律信仰就是他努力的直接结果。伯尔曼所说的法律信仰不是信仰法律本身,而是信仰法律之上的价值。当前我国法治建设在某些方面似已陷入僵局,我们应尝试转换角度,先改变人们的意识,通过改变每个个体,进而改变整个社会。伯尔曼法律信仰思想对于我国法制建设中的诸多问题有一定的指导和借鉴意义。人们为法律的完善付诸行动,法律在社会生活各方面满足人们不同的价值需求。法律价值的实现给予人们希望,唯有看到希望,人们才会自觉去付出和努力。当两者形成良性互动时,法律就不会僵化,人们将产生正面的法律情感,才会相信法律、依赖法律、以致最终信仰法律。与此同时,人们对自身行为的约束也会经历由法律强制被动到开始自觉主动,这也就是理性自觉的形成过程。这个过程不断发展,最终将形成蕴含法律信仰的特殊法治文化。法律信仰、理性自觉、法治文化三者的有机统一是社会主义法治建设的理想状态,此时社会主义法治建设诸多问题也就迎刃而解,最终实现法治社会和依法治国的理想。
[Abstract]:The experience of a particular historical period is closely related to the formation of Berman's thought. His conversion to Christianity in World War II and Eugene Rosenstock Houthi's influence on him in many ways made his thoughts completely different from those of his contemporaries, which was the key reason for the formation of his legal belief. Berman's legal belief originates from his integration of law and religion, which is rooted in his integration of his own different belief systems (Judaism and Christianity). He criticizes Max Weber's thought, denies the dualistic opposition, and calls on people to break all kinds of boundaries in consciousness, and in a broad sense regards the concept of opposition as the different direction of interaction in the historical development. He wants to change his mind to deal with what he sees as a crisis, and legal faith is a direct result of his efforts. Berman's belief in law is not faith in the law itself, but in the value of law. At present, the construction of rule of law in our country seems to have reached an impasse in some aspects. We should try to change the angle of view, change people's consciousness first, change every individual, and then change the whole society. Berman's legal belief thought has certain guiding and referential significance to many problems in our country's legal system construction. People act for the perfection of law, and law meets people's different value needs in all aspects of social life. The realization of legal value gives people hope, only when they see hope, they will consciously pay and work hard. When there is a positive interaction between the two, the law will not be ossified, and people will have positive legal emotions before they believe in the law, rely on the law, and eventually believe in the law. At the same time, people's restraint on their own behavior will experience from the legal compulsion to the beginning of conscious initiative, which is the formation process of rational consciousness. This process continues to develop and will eventually form a special culture of rule of law that contains legal beliefs. The organic unity of legal belief, rational consciousness and culture of rule of law is the ideal state of the construction of socialist rule of law. At this time, many problems in the construction of socialist rule of law will be solved and the ideal of ruling by law and governing the country by law will be realized.
【学位授予单位】：湖南科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0

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