法哲学视野中的人的思考

Pondering Upon Humanity in the Context of Philosophy of Law

人是属人世界中的一切存在和关系的中心。以此出发 ,人理应也是法的关系和法的世界的主体与中心。法的构建与历史演进、法的底蕴、法的根本价值指向和评价都应当在人中寻找。法哲学是对人的存在、人性、人的本质的理解和把握。法作为对象性的存在和关系 ,对主体的人又产生重大制约作用 ,法使人成为法的存在物、权利的存在物。

Man is the center of all beings and relations in the human world. We may conclude, based upon the preceding presumption, man should also be the subject and center of legal relations and legal world. Accordingly, legal construction, legal evolution as well as legal culture and its fundamental values shall be found among the human beings. The philosophy of law aims at understanding and finding the human beings' existence, humanity and its nature. Meanwhile, law, as the existence of and relation to the object, exerts a tremendous counter effect upon the subject, the human being. Law makes the human being become an existence of law as well as an existence of right.