Hegel's philosophy of law

Author: Lin Zhe
Editor-in-Chief: Zhang Yongbin
Publisher:
Publishing Date: 1999-05-01
Features: The philosophy of law is an important part of Hegel's philosophical system, but domestic scholars have long paid little attention to it. This book systematically elaborates on the concept, system, formation, basic principles, main content, and influence of Hegel's philosophy of law. The author points out that the philosophy of law is essentially Hegel's theory on civil rights, state power, and their relationship. It has four basic principles, among which the establishment of the principle of the supremacy of the state idea lays the foundation for the philosophy of law and a series of related issues, making questions such as law and freedom, personality, property, contracts, rights and obligations, the individual, civil society, and the state all resolved within the framework of the state idea. The author analyzes the philosophy of law within the tradition of Western legal philosophy, fully affirming its unique status and contribution to the development of Western theories of rights. Additionally, he compares and analyzes the roots of the lack of a strict philosophy of law in modern Chinese society.
Excerpt: The term "jurisprudence" originates from the Latin word "jūrispru-dentia," which is a compound of "jurislaw" and "prūdentia knowledge" (fair law + prudent knowledge or judgment).① From a literal perspective, it can be seen to have a subtle distinction from "legal philosophy." Herbert L.A. Hart, a prominent figure in the contemporary new analytical jurisprudence and a professor of jurisprudence at the University of Oxford, once interpreted legal philosophy as follows: he stated that "legal philosophy is the reflection on the universal essence of law." In terms of the issues it concerns, its distinction from other legal disciplines lies in the fact that it is the thought of law, studying issues such as the definition and analysis of law, legal reasoning, and legal criticism, whereas the latter is the knowledge of law.① In practical application, "jurisprudence" and "legal philosophy" are often used interchangeably. In contemporary Western legal scholarship, there is a trend where the latter increasingly encompasses the former, with almost all doctrines involving legal concepts and theoretical legal studies being labeled as "legal philosophy." This is particularly true in English-speaking countries, where legal philosophy is defined as "systematically elaborating on legal concepts and theories to help understand the nature of law, the sources of legal authority, and its role in society." Meanwhile, jurisprudence is often used as a synonym for legal philosophy and is always used to generalize the branch disciplines within the field of law.② The Black's Law Dictionary simply states: "Jurisprudence is the philosophy of law, or the science that studies the principles of positive law and its legal relations."③ The Journal of the Australian Institute of Legal Philosophy, published regularly by the Faculty of Law at the University of Sydney, includes not only a series of fundamental legal concepts and ideas (such as freedom, human rights, and the concept of justice) but also legal technical issues such as judicial systems.
Postscript: For a long time, I had a desire to study Hegel's philosophy of law. After arriving at Fudan University, I finally had the opportunity and time to do so. The topic of my doctoral dissertation was initially determined upon admission, though the original topic was broader: the philosophy of law in German classical philosophy. Upon embarking on this research, I realized how monumental the task was. A study of Hegel's philosophy of law should at least include the following aspects: (1) the concept, object, system, structure, content, logical methodology, and formation process of the philosophy of law; (2) the historical origins of the philosophy of law, including the tradition of Western legal philosophy theories, the tradition of Western philosophy and legal culture, the history of German thought, national history, cultural history, and legal history, particularly modern German history; (3) the influence of the philosophy of law and the development of the new Hegelian school of jurisprudence; (4) the development of concepts and theories of rights and obligations, citizens, civil society, and the state in Western society; (5) the relationship between the philosophy of law and other parts of Hegel's philosophy; (6) the comparison between the philosophy of law and Eastern legal philosophy (especially Chinese legal concepts), and so on. This is a task that would require a lifetime of dedication, and the completion of each part would demand high levels of intellectual and theoretical rigor from the researcher. Without such examination or research, as well as the necessary conditions for it, it would be difficult to truly grasp Hegel's philosophy of law. Therefore, the research presented in this paper can only be considered preliminary, and many of its conclusions await further in-depth study.
As the dissertation comes to a close, it brings with it numerous thanks. First, I would like to thank Professor Xie Xialing for his earnest guidance and constant encouragement over the past three years. Without his guidance, care, and support, as well as his sharp critiques, I would have found it extremely difficult to complete this dissertation. His thoughts are filled with wisdom, and I am often amazed by their originality, depth, and accuracy. Over the three years, my understanding of many issues has deepened through the works he has shared with me. At the same time, I would like to thank many of the teachers in the department, especially Professor Pan Fugen, Professor Zhang Rulun, Associate Professor Xu Hongxing, Professor Sun Chengshu, Associate Professor Chen Changgen, and Teacher He Ying, for their guidance, care, and support. I would also like to thank Gu Xiaorong, Pu Zengyuan, Tang Xiaobo, Zheng Chuyin, Ms. Chen Ke'niu, and Ms. Chen Lirong, all of whom, as my colleagues, have provided me with enthusiastic encouragement, support, and assistance, enabling me to overcome many distractions and complete my studies successfully. Additionally, I would like to thank Mr. Wang Haiping, Researcher Yu Meisun, Dr. Qi Yuan, Ph.D. candidate Chen Yaqian, Ms. Xu Wei Feng, and Ms. Xu Wei Hua, who have all offered me warm help at different stages. During the process of collecting, copying, and printing materials for this dissertation, I received selfless assistance from them, especially from the sisters Xu Wei Feng and Xu Wei Hua, whose support no one else could replace. Moreover, I would like to thank my elderly father and mother for their encouragement and push.
Furthermore, I would like to thank President Zhang Zhongli and Professor Zhang Rulun, among others, for recommending this dissertation to the relevant authorities. I would also like to thank all the professors who reviewed it, as their affirmation and evaluation were instrumental in securing the Shanghai Social Sciences Doctoral Dissertation Publishing Fund for this work, as well as its inclusion in the first batch of "Doctoral Works" for publication. At the same time, I would like to thank Director Zhu Minyan of the Theory Department of the Shanghai Municipal Committee of the CPC and Deputy Editor-in-Chief Zhang Yongbin of the Editorial Department of Fudan University Press, among others, for their hard work in compiling this series of works, including this dissertation. Their enthusiasm, diligence, and selfless dedication to organization and editing have brought this series of works to the world in its current form.
Lastly, I would like to thank my young daughter. Without her full support, her courage to face solitude, fear, and independence alone, I would have been completely unable to complete my three years of studies and this dissertation. Therefore, I dedicate this dissertation to my daughter—Miss Zhao Mingming.
Written in Building 27, South Campus, Fudan University in May 1998
Revised in Haining, Shanghai in December 1998