存在主义法哲学

Valeriano Diviacchi
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摘要

这篇文章是我的结束语“为什么容忍法律”的延续。这是对普遍“法”在现代意义上的非科学法律意义的思考:在导致合法性和非法性决定的语言话语的宇宙中。我将进一步思考这种普遍是否可以归化为科学法则,并试图确定这种意义和归化是否属于或可以属于存在主义的法律哲学。这种思考需要思考存在主义的属性,因为它们存在于平民生活中,包括虚无主义,而不仅仅是来自更流行的学术贵族存在主义,它排斥虚无主义。法律及其合法性和非法性的决定存在于规范性语言的宇宙中,就像数学和数字存在于科学语言中一样:合法性和非法性的决定就像数字一样特殊和真实,就像扔向我们的任何砖块或石头一样,然而法律作为数学是一个抽象的普遍。然而,与数学利用理性从美学走向特殊的、经验的实用真理不同,普遍规律的美学作为一种社会建构,通过对合法性和非法性的非理性决定,其合理性从实用真理向美学倒退,从而成为一种特殊的、经验的社会建构。法律中唯一描述性的“是”,是通过对合法性和非法性的判断,构成对法律的经验性执行的实用真理。普遍法则作为普遍法则被用来描述一种社会结构,这种社会结构是一种不受反对的规范性语言,它垄断了暴力来执行其规范性陈述。在创造它的社会结构中,通过暴力,它是所有道德和伦理的最终仲裁者;从本质上讲,它是一种垄断暴力的、无可对抗的伦理,其目标是使创造它的社会结构在与宇宙的斗争中生存下去。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Existential Philosophy of Law
This essay is a continuation of my closing thoughts in my paper "Why Tolerate Law". This is a contemplation of the meaning of the universal "law" in its modern sense of nonscientific law: in the universe of language discourse that results in decisions of legality and illegality. I will further contemplate whether this universal can be naturalized to scientific law and seek to determine whether such meaning and naturalization are or can be an existential philosophy of law. This contemplation will require contemplating the attributes of existentialism as they exist in plebeian lives that includes nihilism and not solely from the more popular academic patrician existentialism that excludes nihilism. Law and its decisions of legality and illegality existentially exist in the universe of normative language in the same way that mathematics and numbers exist in scientific language: decisions of legality and illegality as are numbers are as particular and as real as any bricks or stones thrown at us, yet law as is mathematics is an abstract universal. However, unlike mathematics using rationality to go from aesthetics to particular and empirical pragmatic truth, the aesthetics of the universal law becomes particular and empirical as a social construct by irrational decisions of legality and illegality with their rationality running backwards from their pragmatic truth to aesthetics. The only descriptive "is" in law consists of the pragmatic truth of the empirical execution upon law through decisions of legality and illegality. The universal law is used and is useful as a universal to describe a social construct that is an unopposed normative language with a monopoly on violence to enforce its normative statements. It is the final arbiter through violence of all morality and ethics within the social construct that created it; it is essentially an unopposed ethics with a monopoly on violence whose goal is the survival of the social construct that created it in its struggle with the universe to survive.
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