五分钟法哲学(英文版)
现代大学英语精读5Paraphrase
Lesson 1Paraphrase1. The job of arousing manhood within a people that have been taught for so many centuries that they are nobody is not easy.It is no easy job to educate a people who have been told over centuries that they were inferior and of no importance to see that they are humans, the same as any other people.2. Psychological freedom, a firm sense of self-esteem, is the most powerful weapon against the long night of physical slavery.If you break the mental shackles imposed on you by white supremacists, if you really respect yourself, thinking that you are a Man, equal to anyone else, you will be able to take part in the struggle against racial discrimination.3. The Negro will only be free when he reaches down to the inner depths of his own being and signs with the pen and ink of assertive manhood his own emancipation proclamation.The liberation of mind can only be achieved by the Negro himself/herself. Only when a negro is fully convinced that he/she is a Man/Woman and is not inferior to anyone else, can he/she throw off the manacles of self-abnegation and become free.4. Power at its best is love implementing the demands of justice, and justice at its best is power correcting everything that stands against love.Power in its best form of function is the carrying out of the demands of justice with love and justice in the best form of function is the overcoming of everything standing in the way of love with power.5. At that time economic status was considered the measure of the individual’s ability and talents.At that time, the way to evaluate how capable and resourceful a person was to see how much money he had made (or how wealthy he was).6. …the absence of worldly goods indicated a want of industrious habits and moral fiber.A person was poor because he was lazy and not hard-working and lacked a sense of right and wrong.7. It is not the work of slaves driven to their tasks either by the task, by the taskmaster, or by animal necessity.This kind of work cannot be done by slaves who work because the work has to be done, because they are forced to work by slave-drivers or because they need to work in order to be fed and clothed.8. …when the unjust measurement of human worth on the scale of dollars is eliminated.... when the unfair practice of judging human value by the amount of money a person has is done away with.9. He who hates does not know God, but he who has love has the key that unlocks the door to the meaning of ultimate reality.Those who harbor hate in their hearts cannot grasp the teachings of God. Only those who have love can enjoy the ultimate happiness in Heaven.10. Let us be dissatisfied until America will no longer have a high blood pressure of creeds and an anemia of deeds.Let us be dissatisfied until America no longer only talk about racial equality but is unwilling or reluctant to take action to end such evil practice as racial discrimination. Lesson twoParaphrase1. I pictured this prodigy part of me as many different images, trying each one on for size.2.I imagined myself as different types of prodigy, trying to find out which one suited me the best.3.I had new thoughts, willful thoughts, or rather thoughts filled with lots of won’ts.I had new thoughts, which were filled with a strong spirit of disobedience and rebellion.3. The girl had a sauciness of a Shirley Temple.The girl was somewhat like Shirley Temple, a bit rude, but in an amusing way.4. It felt like worms and toads and slimy things crawling out of my chest, but it also felt good, as if this awful side of me had surfaced, at last.When I said those words, I felt that some very nasty thoughts had got out of my chest and so I felt scared. But at the same time I felt good, relieved, because those nasty things had been suppressed in my heart for some time and they had got out at last.5. And I could sense her anger rising to its breaking point, I wanted to see it spill over.I could feel that her anger had reached the point where hex self-control wouldcollapse, and wanted to see what my mother would do when the lost complete control of herself.6. The lid to the piano was closed, shutting out the dust, my misery, and her dreams.When the lid to the piano was closed, it shut out the dust and also put an end to my misery and her dreams.Lesson threeParaphrase1. Yet globalization…“is a reality, not a choice”. (Para. 2)Yet globalization is not something that you can accept or reject, it is already a matter of life which you will encounter and have to respond to every day.2. Popular factions sprout to exploit nationalist anxieties. (Para. 5)Political groups with broad support have come into being to take advantage of existing worries and uneasiness among the people about foreign "cultural assault".3. …where xenophobia and economic ambition have often struggled for theupper hand. (Para. 5)... in China, the two trends of closed-door and open-door policies have long been struggling for dominance.4. Those people out there should continue to live in a museum while we will have showers hat work. (Para. 6)The Chinese people should continue to live a backward life while we live comfortably with all modern conveniences.5. Westernization…is a phenomenon shot through with inconsistencies and populated by very strange bedfellows. (Para. 7)... westernization is a concept full of self-contradiction and held by people of very different backgrounds or views.6. You don’t have to be cool to do it; you just have to have the eye. (Para. 10)In trying to find out what will be the future trend, you do not need to be fashionable yourself. All you need is awareness, that is to say, you need to be on the alert, to be observant.7. He…was up in the cybersphere far above the level of time zones. (Para. 19)He was moving around, playing a game through the Internet with people living in different time zones, thus their activity on the computer broke down time zone limit.8. In the first two weeks of business the Gucci Store took in a surprising $100,000. (Para. 22)The Gucci store did not expert that in the first two weeks of its opening in Shanghai business could be so good.9. Early on I realized that I was going to need some type of compass to guide me through the wilds of global culture. (Para. 29)From the very beginning I know I need some theory as guideline to help me in my study of global cultures as globalization, to guide me through such a variety of cultural phenomena..10. The penitence may have been Jewish, but the aspiration was universal. (Para.39)The way of showing repentance might be peculiar to the Jews, but the strong desire of gaining forgiveness from God is common, shared by all.Lesson fourParaphrase1. Pianos and models, Paris, Vienna and Berlin, masters and mistresses, are not needed by a writer. (Para. 1)If you want to be a musician or a painter, you must own a piano or hire models, and you have to visit or even live in cultural centers like Paris, Vienna and Berlin. And also you have to be taught by masters and mistresses. However, if you want to be a writer, you don't need all this.2. She would have plucked the heart out of my writing. (Para. 3)Those conventional attitudes would have taken away the most important part of my writing, the essence of my writing.3. Thus, whenever I felt the shadow of her wing or the radiance of her halo upon my page, I took up the inkpot and flung it at her. (Para. 3)Thus, whenever I felt the influence of the Victorian attitudes on my writing, I fought back with ail my power.4. For though men sensibly allow themselves great freedom in these respects, I doubt that they realize or can control the extreme severity with which they condemn such freedom in women. (Para. 5)It was a sensible thing for men to give themselves great freedom to talk about the body and their passions. But if women want to have the same freedom, men condemn such freedom in women. And I do not believe that they realize how severely they condemn such freedom in women, nor do I believe that they can control their extremely severe condemnation of such freedom in women,5. Indeed it will be a long time still, I think, before a woman can sit down to writea book without finding a phantom to be slain, a rock to be dashed against. (Para.6)It will take a long time for women to rid themselves of false values and attitudes and to overcome the obstacle to telling the truth about their body and passions.6. Even when the path is nominally open — when there is nothing to prevent a woman from being a doctor, a lawyer, a civil servant —there are many phantoms and obstacles, as I believe, looming in her way. (Para. 7)Even when the path is open to women in name only, when outwardly there is nothing to prevent a woman from being a doctor, a lawyer, a civil servant, inwardly there are still false ideas and obstacles impeding a woman's progress.7. You have won rooms of your own in the house hitherto exclusively owned by men. (Para. 7)(Through fighting against the Angel in the House, through great labor and effort,) you have gained a position or certain freedom in a society that has been up to now dominated by men.Lesson71. It took me a long time to get rid of illusions and realize the simple and apparent truththat I am nobody but myself. It was a painful process. I started with high expectations only to be deeply disappointed and thoroughly disillusioned.2. I am perfectly normal physically and I am a natural product of history; my growthreflects history. When things seemed likely to happen to me, other things had been equal (or unequal) eighty-five years ago.3. About 85 years ago, they were told that they were freed from slavery and becameunited with the white people in all the essential things having to do with the common interests of our country, but in social life the blacks and whites still remain separated.4. In these days before I realized I was an invisible man, I imagined that I wouldbecome a successful man like Booker T. Washington.5. On the one hand, I felt embarrassed that i wanted to run away from the ballroom. Onthe other hand, I took pity on the girl and so wanted to protect the naked girl from the eyes of the other men, I wanted to love her tenderly because she was anattractive girl, but at the same time I wanted to destroy her because after all she was the immediate cause of our embarrassment6. If I should try my best and win the fight, then 1 would be winning against the bet ofthat white man, who shouted "I got my money on the big boy." In that case I would not behave with humility, and yet my speech talked about humility as the essence of success. So maybe I should let that big boy win without putting up resistance, for this was time for me to show humility.7. Make full use of what you have and do the best you can. Take this attitude in makingfriends in every honorable way, making friends with people of different races among whom we live.8. You were not trying to seem clever in a disrespectful way, were you, boy? We intendto do the right thing by setting you up as role model, but you must never forget who you are.Lesson 81. I knew that Oppenheimer was a man of great talent but his way of showing his talentat my seminars caused uneasiness and resentment among people, especially among his fellow students.2. Since those attending the conference were people devoted to poetry, such an anecdote,though interesting, might not be appreciated by the audience.3. There were two reasons for my going to the conference set against the reasons for mynot going and they became decisive in my final decision.4. According to my view, Spender belongs to the group whose writings about their lives,experiences, that is whose autobiographies, are more interesting than their literary works.5. Like Dirac, Auden was outstanding in clarity. He was also outstanding in thepowerful use of the language and the sense of fun about serious issues. All these greatly fascinated me.6. Spender’s record of his visit is interesting not only because of the things he mentionsbut also because of the things he does not say.7. In his book, Spender fails to give a connected, complete picture of Oppenheimer anddoes not mention that Oppenheimer’s background and situation has quite a lot to do with Spender.8. The real person looked much better than the pictures.9. Maybe one should not attach too much importance to appearance.10. He had live longer than any of his more famous friends but traces or influences ofthese friends, especially those of Auden, could still be found on him.Lesson 91. Your imagination comes to life, and this, you think,is where Creation was begun.The landscape makes your imagination vivid and lifelike, and you believe that the creation of the whole universe was begun right here.2. But warfare for the Kiowas was preeminently a matter of disposition rather than ofsurvival, and they never understood the grim,unrelenting advance of the U.S. Cavalry.The Kiowas often fought, just because they were good warriors, because they fought out of habit, character, nature, not because they needed extra land or material gains for the sake of surviving and thriving. And they could not understand why the U. S.Cavalry never gave up pushing forward even when they had won a battle.3. My grandmother was spared the humiliation of those high gray walls by eight or ten years.Luckily, my grandmother did not suffer the humiliation of being put into a closure for holding animals, for She was born eight or ten years after the event.4. It was a long journey toward dawn, and it led to a golden age.They moved toward the east, where the sun rises, and also toward the beginning of a new culture, which led to the greatest moment of their history.5. They acquired horses, and their ancient nomadic spirit was suddenly free of the ground. Now they got horses. Riding on horseback, instead of walking on football, gave them this new freedom of movement, thus completely liberating their ancient nomadic spirit.6. From one point of view, their migration was the fruits of an old prophecy, for indeed they emerged from a sunless world.In a sense, their migration confirmed the ancient myth that they entered the world from a hollow log,for they did emerge from the sunless world of the mountains.7. The Kiowas reckoned their stature by the distance they could see, and they were bent and blind in the wilderness.Their stature was measured by the distance they could see. Yet, because of the dense forests, they could not see very far, and they could hardly stand straight.8. Clusters of trees and animals grazing far in the distance cause the vision to reach away and wonder to build upon the mind.The earth unfolds and the limit of the land is far in the distance, where there are clusters of trees and animals eating grass.This landscape makes one see far and broadens one's horizon.9. Not yet would they veer southward to the caldron of the land that lay below;they must wean their blood from the northern winter and hold the mountains a while longer in their view.They would not yet change the direction southward to the land lying below which was like a large kettle. First, they must give their bodies some time to get used to the plains. Secondly, they did not wants to lose sight of the mountains so soon.10. I was never sure that I had the right to hear, so exclusive were they of all merely custom and company.I was not sure that I had any right to overhear her praying, which did not follow any customary way of praying, add which I guess she did not want anyone else to hear.11. Transported so in the dancing light among the shadows of her room she seemed beyond the reach of time.But that was illusion; I think I knew then that I should not see her again.In this way she was entranced in the dancing light among the shadows of her room, and she seemed to be timeless(what she represented would last forever).12. The women might indulge themselves; gossip was at once the mark and compensation of their servitude.On these special occasions, women might make loud and elaborate jokes and talk amongthemselves. Their gossip revealed their position as servants of men and also a reward for their servitude.。
西方--法哲学
六、现实主义法学 （一）美国现实主义法学 1、实证主义与社会学、心理学研究的结合 2、法律是对法院判决的预测 3、法的不确定性理论 （二）北欧现实主义法学 七、伯克利学派
（一）对纯粹法社会学的批判 （二）诺内特的法的类型论
•d
五、世俗的自然法学
（一）富勒的法哲学思想 1、事业论 2、法与道德
（二）罗尔斯的法哲学思想 1、功利主义的分配正义理论 2、罗尔斯的社会正义理论
（三）德沃金的法哲学思想 1、对实证主义的批判 2、对法律运行机制的评论 3、对公民权利的论证
第三章 新分析实证主义法学派
一、分析实证主义法学的传统 （一）实证主义的起源
三、新分析法学 （一）新分析法学的特征 （二）哈特的语义分析法哲学
1、语义分析哲学的概况 2、“最低限度的自然法”思想 （三）拉兹的法哲学
法律的作用 四、对新分析法学的总体评价 （一）有助于克服法学研究中的“定义偏好” （二）有助于消解语言中的歧义避免不必要的争论
第四章 社会法学派 一、社会法学派的形成与发展 （一）20世纪前的社会法学 （二）20世纪初到30、40年代的社会法学 （三）20世纪40年代到60年代的社会法学 （四）20世纪60年代以后的社会法学
第八章 制度法理学
一、制度法理学的总体介绍 （一）麦考密克介绍 （二）魏因伯格介绍
二、制度法理学的理论宗旨和目标 （一）规范主义与反规范主义 （二）法律实证主义的观念 （三）将道德与价值包容与实在法之中
三、制度法理学的认识论与方法论 （一）非唯知论 （二）解释学方法 （三）分析方法
四、制度法理学的本体论 （一）制度概念 （二）制度性事实 （三）法律作为一种特殊性的制度性事实
哈佛大学公开课justice整理版
This is a course about justice and webegin with a story.这是一堂关于公平与正义的公共课，让我们先从一个故事讲起Suppose you’re the driver of a trolley car, and yourtrolley car is hurtling down the track at 60 miles an hour.假设你现在是一辆有轨电车的司机而你的电车正在铁轨上以时速60英里疾驶And at the end of the track you notice five workers working on the track. 在铁轨末端，你发现有五个工人在铁轨上工作You try to stop but you can't, your brakes don’t work.你尽力想停下电车, 但是你做不到，电车的刹车失灵了You feel desperate because you know that if you crash intothese five workers, they will all die.你觉得十分绝望,因为你知道如果你就这样撞向这5个工人,他们必死无疑Let’s assume you know that for sure. 假定你很清楚这一点And so you feel helpless until you notice that there is,off to the right, a side track and at the end of that track,there is one worker, working on the track.正当你感到无助的时候, 你突然发现就在右边一条岔道,那根轨道的尽头只有一个工人在那里工作Your steering wheel works, so you can turn the trolley car, if you want to, onto the side track killing the one but sparing the five.你的方向盘没有失灵, 只要你愿意你可以让电车转向到那条分叉铁轨上撞死一个工人但却因此救了另外5个人Here’s our first question: what’s the ri ght thing to do?现在提出第一个问题,我们该怎么做才对?What would you do? Let’s take a poll.你会怎么做? 我们做个调查看看How many would turn the trolley car onto the side track?Raise your hands.有多少人会选择让电车转向到分叉铁轨上,请举手How many wouldn’t? How many would go straight ahead?多少人不会?多少人选择就这样笔直开下去?Keep y our hands up those of you, who w ould go straight ahead. 选笔直开下去的人先别放手A handful of people would, 少数人会the vast majority would turn.大多数人选择转向Let’s hear first, now we need to begin to investigate thereasons why you think让我们先听听看现在我们研究下你为什么觉得it's the right thing to do. 这样做是正确的Let’s begin with those in the majority who would turn togo让我们先从大多数人开始吧,谁选择转向的?onto the side track. Why would you do it? 你为什么这么选?What would be your reason? Who’s willing to volunteer a reason?你的理由是什么?谁愿意给我一个理由的?Go ahead. Stand up. 站起来说吧Because it can't be right to kill five people when you canonly kill one person instead. 因为当你可以只撞死一个人时却去撞死5个人肯定是不对的It wouldn’t be right to kill five if you could kill oneperson instead. That’s a good reason.当可以只撞死一个人时却去撞死5个人肯定不对这是个好理由That’s a good reason. Who else?这是个好理由其他人呢?Does everybody agree with that reason? Go ahead.每个人都同意刚刚那个理由么? 你来Well I was t hinking it’s the same r eason on 9/11 with regard to the people who flew the plane into the Pennsylvania fieldas heroes because they chose to kill the people on the planeand not kill more people in big buildings.我觉得这和9.11的一项事件是同样原因,我们把那些将飞机撞向宾夕法尼亚空地的人视为英雄.因为他们选择只牺牲飞机里的人从而拯救了大楼里的更多生命So the principle there was the same on 9/11.所以原因和9.11事件中那些人的选择是相同的It’s a tragic circumstance but better to kill one so thatfive can live, is that the reason most of you had, those of you who would turn? Yes?虽然一定会发生悲剧但只撞死一个人好过撞死五个你们大多数人是不是都这么想选择转向的各位,是么?Let’s hear now from those in the minority, those whowouldn’t turn. Yes.现在让我们听听那些少数人的想法选择直行的人……Well, I think that’s the same type of mentality thatjustifies genocide and totalitarianism.我觉得这和对种族灭绝与极权主义的诡辩相似In order to save one type of race, you wipe out the other.So what would you do in this case?为了拯救一个种族,你抹去了其他的种族，那么在这个事例中你会怎么做?You would, to avoid the horrors of genocide, you would crash into the five and kill them?你会,为了避免骇人的种族灭绝主义而选择撞死那5个人么?Presumably, yes. 理论上,是这样You would? 真的?-Yeah. 是Okay. Who else? That’s a brave answer. 好吧,还有谁?这是个大胆的想法Thank you. 谢谢Let’s consider another trolley car case 让我们再考虑另一个有关电车的例子and see whether those of you in the majority want to adhere to the principle “better that one should die so that fiveshould live.”看看是不是那些占多数的人仍然会坚持刚才的原则“牺牲一个人总好过撞死5个人.”This time you’re not the driver of the trolley car, 这次你不是电车的司机了you’re an onlooker. You’re standing on a bridge overlooking a trolley car track.你是个旁观者,你站在桥上俯瞰桥下电车的铁轨And down the track comes a trolley car, at the end of thetrack are five workers, the brakes don’t work, the trolley car is about to careen into the five and kill them.此时电车开过铁轨尽头有5个工人刹车失灵，电车马上就要冲向那5个人了And now, you’re not the driver, you really feel helplessuntil you notice standing next to you, leaning over the bridge is a very fat man.而这次,你不是司机你真的感到毫无办法直到你突然发现,你旁边一个非常非常胖的人靠在桥上And you could give him a shove. 你可以推他一下He would fall over the bridge onto the track right in theway of the trolleycar.他会摔下桥而且挡住电车的去路He would die but he would spare the five. 虽然他会被压死,但因此另外五个人将得救.Now, how many would push the fat man over the bridge? 这次,多少人会推一把桥上的胖子Raise your hand. 举起你的手How many wouldn’t? 多少人不会这样做?Most people wouldn’t. Here’s the obvious question. 绝大多数人不会问题显而易见What became of the principle “better to save five liveseven if it means sacrificing one?”刚才的原则发生了什么?牺牲一个人总比牺牲5个人好?What became o f the principle that almost everyone endorsed in the first case? I need to hear from someone刚才第一个事例里几乎每个人都赞同的原则怎么了么?我要听听。
法律英语参考译文 完整版Lesson1-16
当然，对法律编纂的目标也有回应。倡导法典编纂者认为这会使法律的确定 性，统一和系统的法律记载更有可能，而反对者声称法典编纂会导致法律僵化。
普通法 普通法构成了历史作为英国领地和英国殖民地国家的主要法律。它
市民法是世界盛行的法律体系，它源于罗马法，没有详尽的规则系统，通常 是法典式的，它被法官应用和解释。然而，现代法律系统是 19 世界法典编纂运 动的派生物，在那期间大多数重要法定（尤其是拿破仑法典和德国民法典）诞生 了。
市民法以罗马法为基础，尤其是《查士丁尼民法大全》，后来在中世纪由中 世纪的法官发展。对罗马法的吸收接纳，不同国家有不同的特点。在一些国家， 它的影响来自于立法机关的法令，亦即罗马法成为有建设性的法律。而在另一些 国家，罗马法则在法律理论家主张的审核程式上被接受。
于，来源于 live under 在……统治下生活）
普通法和制定法存在于美国法律制度中。在历史发展进程中，法律的某些部 门几乎不由制定法所控制，而是由司法判决所控制。例如，合同法大部分内容就 是在英国法律制度的演进中由普通法的法官发展出来的。当然，这并不意味着这 一法律部门就不存在立法。立法机关实际上也制定涵盖合同内容的法律，立法广
法由规则的全部所组成。这些全部的规则在构建的政府机关下被适应、被执 行，以确定什么样的行为是正确的、什么样的行为是可被允许的、以及什么样的 行为是应被否定或惩罚的。
没有法律，社会就会处于无政府状态。法律是社会赖以生存的手段，它提供 个人保障，它建立制度和维持社会秩序、保持社会秩序、保证社会健康和安全， 它提供一个和平解决争端的方式，它维持人与人之间在经济关系中的稳定性和灵 活性，以及它禁止对社会有破坏性的行为。规章制度反映其所实施的社会和时代。 法律的发展是符合实际的，它在其日常运作中随着社会对合理性和灵活性的需求 而发展。
辣的布鲁赫-《五分钟法哲学》
五分钟法哲学2008-10-22 15:53作者：[德]拉德布鲁赫译者：舒国滢第一分钟对军人而言，命令就是命令。
对法律职业人来说，法律就是法律。
然而，当军人懂得命令的目的在于犯罪或违法时，他有义务和权利中止服从；但自从大约一百年前最后一批自然法学者从法学家群体中消逝以来，法律职业人就再也认识不到法律的效力和臣服法律的相同例外。
法律之有效，只因为它是法律；而且，只要在一般情况下有权力来贯彻执行的话，它就是法律。
对法律及其效力持上述观点（我们称之为实证主义学说），使法律职业人连同整个民族均无自卫能力，来抵抗如此专横、如此残暴、如此罪恶的法律。
（按：此处指希特勒统治的"第三帝国"法律）它们最终把法与强权等同起来：哪里有强权，哪里就有法。
苦修评述：主要表达命令和法律的关系。
“被强制”与“有义务”，“应然”与“实然”的关系。
————>详见奥斯丁、尔森和哈特的辩论中得知。
主要从法律与命令的区别这手。
第二分钟有人想以下一句话来补充或取代上述的一段话：凡对人民有利的，就是法。
这意味着：任性、背约、违法，只要对人民有利，就是法。
这实际上是说：掌握国家权力者自认为对社会有益的事，独裁者每一次的突发奇想和喜怒无常的脾性，没有法律和判决的惩罚，对病弱者的非法谋杀，如此等等都是法。
还可能意味着：统治者的自私自利被当作为公共利益看待。
故此，将法与臆造的或杜撰的人民利益相提并论，就把法治国家变成了一个不法国（Unrechtsstaat）。
不，不是必须声称，所有对人民有利的，都是法；毋宁相反：仅仅是法的东西，才是对人民有利的。
苦修评述：“凡对人民有利的，就是法。
”本身就是单向性形式逻辑推理，比如“杀死所有孤寡无助也无能的老人”，对物质稀缺时对生命力旺盛的人而言可能有利，但是，我们的理性告诉我们不能制定这样的法律，也绝对不能这么做，否则就雷同于弱肉强食的动物蛮荒差不多了。
第三分钟法意图趋向正义。
正义不过是指：不管是谁，一视同仁。
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黑格尔的法哲学-定义说明解析
黑格尔的法哲学-概述说明以及解释1.引言1.1 概述黑格尔是德国哲学家，也是法哲学领域的重要代表人物之一。
他的法哲学是他众多哲学思想中的一个重要组成部分，对于理解法律和法律哲学的本质具有重要意义。
在黑格尔看来，法律不仅是社会生活的一部分，更是一个国家机构的产物，代表着国家的意志和权威。
对于黑格尔的法哲学，我们可以从多个角度进行探讨。
首先，我们需了解黑格尔法哲学的核心概念。
在他的哲学体系中，法律是社会伦理观念的具体化，是个体和整体之间的有机联系。
他认为，法律是通过正义和自由的原则来规范社会行为，通过法律的存在和执行来维护社会秩序和公正。
其次，我们需要了解黑格尔法哲学的主要观点。
根据黑格尔的观点，法律具有历史性和发展性。
他认为，法律是人们的创造和实践的产物，通过历史的演进不断发展和完善。
此外，他还主张法律应该与伦理、道德和社会价值观相一致，通过理性和意识的发展来实现人类的自由和平等。
总的来说，黑格尔的法哲学具有深远的影响和重要的现实意义。
他对法律的理解和解释为我们提供了一种独特的视角，促使人们重新思考法律与社会、个体和整体之间的关系。
通过研究和理解黑格尔的法哲学，我们可以深入探索法律的本质和意义，从而为法律制度和法治建设提供有益的思考和借鉴。
1.2文章结构文章结构部分的内容可以包括以下内容：2. 正文2.1 黑格尔的法哲学概述2.2 黑格尔法哲学的核心概念2.3 黑格尔法哲学的主要观点在本部分中，我们将对黑格尔的法哲学进行详细的介绍和分析。
首先，我们将对黑格尔的法哲学进行概述，介绍其起源和发展背景。
随后，我们将重点讨论黑格尔法哲学的核心概念，包括主体性、自由意志和普遍性的概念，并阐述其对法哲学的重要意义。
最后，我们将深入探讨黑格尔法哲学的主要观点，包括他对权力、正义和道德的理解以及其在社会和政治领域的应用。
通过对黑格尔法哲学的研究和分析，我们可以更好地理解其对于法律和社会现象的解释和影响。
此外，我们还将对黑格尔法哲学的评价进行探讨，包括其优势和不足之处。
法律知识导读(英文)第五单元 Constitutional law[精]
![法律知识导读(英文)第五单元 Constitutional law[精]](https://img.taocdn.com/s3/m/1462d92ffad6195f312ba6cd.png)
All men are equal before the law and are equally entitled to its protection.
◆ The effect of its provisions may be changed
by judicial interpretation aside from the direct
process of changing the Constitution itself.
Congressional legislation also changes the
The Constitution has been amended twenty-seven times;
The first ten amendments are known as the Bill of Rights.
(Article Ⅱ, Section 4) "The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."
states and citizens.
Contents
It defines the three main branches of
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五分钟法哲学（英文版）作者：拉德勃鲁赫(Gustav Radbruch)Translated by Bonnie Litschewski Paulson and Stanley L. Paulson Oxford Journal of Legal Studies Volum 26, No 1 , pp 13.-15First Minute‘An order is an order’, the soldier is told. ‘A law is a law’, says th e jurist.The soldier, however, is required neither by duty nor by law to obey an order whose object he knows to be a felony or a misdemeanor, while the jurist—since the last of the natural lawyers died out a hundred years ago—recognizes no such exceptions to the validity of a law or to the requirement of obedience by those subject to it. A law is valid because it is a law, and it is a law if, in the general run of cases, it has the power to prevail.This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. In the end, the positivistic theory equates law with power; there is law only where there is power.Second MinuteAttempts have been made to supplement or replace this tenet with another: Law is what benefits the people. That is to say, arbitrariness, breach of contract, and illegality—provided only that they benefit the people—are law.Practically speaking, this means that whatever state authorities deem to be of benefit to the people is law, including every despotic whim and caprice, punishment unsanctioned by statute or judicial decision, the lawless murder of the sick. This can mean that the private benefit of those in power is regarded as a public benefit. Indeed, it was the equating of the law with supposed or ostensible benefits to the people that transformed a Rechtsstaat into an outlaw state. No, this tenet does not mean: Everything that benefits the people is law. Rather, it is the other way around: Only what law is benefits the people.Third MinuteLaw is the will to justice. Justice means: To judge without regard to the person, to measure everyone by the same standard.If one applauds the assassination of political opponents, or orders the murder of people of another race, all the while meting out the most cruel and degrading punishment for the same acts committed against those of one’s own persuasion, this is neither justice nor law. If l awsdeliberately betray the will to justice—by, for example, arbitrarily granting and withholding human rights—then these laws lack validity, the people owe them no obedience, and jurists, too, must find the courage to deny them legal character.Fourth MinuteOf course it is true that the public benefit, along with justice, is an objective of the law. And of course laws have value in and of themselves, even bad laws: the value, namely, of securing the law against uncertainty. And of course it is true that, owing to human imperfection, the three values of the law—public benefit, legal certainty, and justice—are not always united harmoniously in laws, and the only recourse, then, is to weigh whether validity is to be granted even to bad, harmful, or unjust laws for the sake of legal certainty, or whether validity is to be withheld because of their injustice or social harmfulness. One thing, however, must be indelibly impressed on the consciousness of the people as well as of jurists: There can be laws that are so unjust and so socially harmful that validity, indeed legal character itself,must be denied them.Fifth MinuteThere are principles of law, therefore, that are weightier than any legal enactment, so that a law in conflict with them is devoid of validity. These principles are known as natural law or the law of reason. To be sure, their details remain open to question, but the work of centuries has in fact established a solid core of them, and they have come to enjoy such far-reaching consensus in the so-called declarations of human and civil rights that only the dogmatic sceptic could still entertain doubts about some of them.In the language of faith, the same thoughts are recorded in two verses from the Bible. It is written that you are to be obedient to the authorities who have power over you,1 but it is also written that you are to obey God rather than men2—and this is not simply a pious wish, but a valid legal proposition. A solution to the tension between these two directives cannot be found by appealing to a third—say, to the dictum: ‘Render to Caesar the things that are Caesar’s, and to God the things that are God’s’.3 For this directive, too, leaves the dividing line in doubt. Or, rather, it leaves the solution to the voice of God, which speaks to the conscience of the individual only in theparticular case.Notes* ‘Fünf Minuten Rechtsphilosophie’, first published in the Rhein-Neckar-Zeitung (Heidelberg), 12 September 1945, repr. inter alia in Gustav Radbruch, Gesamtausgabe (Collected Works), 20 vols, Arthur Kaufmann (ed.), vol. 3: Rechtsphilosophie III, Winfried Hassemer (ed.) (Heidelberg: C. F. Müller, 1990) 78–9; in Radbruch, Rechtsphilosophie, Studienausgabe, Ralf Dreier and Stanley L. Paulson (eds) (Heidelberg: C. F. Müller, 2nd edn, 2003) 209–10, 234 (editors’ notes); in Radbruch, Rechtsphilosophie, 4th–7th edns, Erik Wolf (ed.), 8th edn, Erik Wolf and Hans-Peter Schneider (eds) (Stuttgart: K. F. Koehler, 1950–73); and under the title ‘Rechtsphilosophische Besinnung’ inRadbruch, Der Mensch im Recht, Fritz von Hippel (ed.) (G?ttingen: Vandenhoeck & Ruprecht, 1957) 105–7.The translation is published with the kind permission of Mrs. Dorothea Kaufmann (Munich).<PIXTEL_MMI_EBOOK_2005>12</PIXTEL_MMI_EBOOK_2005>。