A Review of the Research on the Relationship Between Law and Freedom in the Past 70 Years of the People's Republic of China
Since the founding of the People's Republic of China,the discussion on the relationship between law and freedom has gone through a stage of sublation,further reflection and refinement,and has gradually be-come scientific.On the question of concepts and relations,related to the classification of negative freedom and positive freedom,the concept of freedom can be divided into freedom as"liberation",freedom as"rights"and freedom as"liberty".In the question of rationality and rank,all three have the legitimacy to be placed at the highest value,but there is only the third kind of freedom,that is,external freedom of action may in some sense be as important as other values.Moreover,it is the turning to"external freedom of action"in the concept that opens the discussion on the principles and limits of legal restriction of liberty in the 21st century.The external freedom of action can be divided into disorderly liberty,the liberty that needs regulation,and the good liberty that is worth pursuing,the use of the two different concepts actually promotes the discussion of which is the main relationship between"laws are used to restrict liberty"and"laws are used to guarantee liberty".With the changes of social life and the emergence of new challenges,the discussion on the limits of freedom will be-come one of the core issues of legal ethics and political philosophy.
law and freedomexternal freedom of actionrightslegal paternalismlegal moralism
万方数据
维普
