齐泽克与黑格尔法罪思想比较研究

A Comparative Study of Zizek's and Hegel's Ideas on Legal Offences

法罪关系问题是近现代法哲学领域的核心问题。黑格尔和齐泽克都对法罪关系问题给予极大关注。其中,黑格尔法罪思想的核心是“法罪对立”,即自在的法是本质,不法是本质的假象,这一思想通过抽象法视角,以对“无犯意的不法、欺诈、强制和犯罪”三个部分的阐释而得到展现。齐泽克法罪思想的核心是“法罪统一”,即法律的基础是它宣布自己为法律,主体因其本身的存在而负罪,这一思想通过精神分析的视角得以阐明。二者的法罪思想既有区别又有联系,代表两种不同的价值取向,都有其局限性。

The question of the relationship between law and crime is a central issue that has been the focus of attention in the field of modern philosophy of law.Similarly,Kant,Hegel and Zizek have all paid great attention to the problem of the relationship between law and crime.Among them,the core of Hegel's idea of law and crime is the"law-crime opposition",ie.,self-existing law is the essence,and lawlessness is the illusion of the essence;this idea is shown through the perspective of abstract law,with the interpretation of the three parts of"unpremeditated wrong,fraud,violence and crime".The core of Zizek's idea of law and crime is the"unity of law and crime",ie.,the basis of law is that it declares itself to be a law,and the subject is guilty by virtue of its own existence;this idea is clarified through a psychoanalytic perspective.The two ideas of legal offence are both different and related,representing two different value orientations in the relationship between law and crime,each with its own corresponding limitations.