A Philosophical Analysis of Solidarity Principle in Emergency and Its Reflection
The legitimacy of the solidarity principle in Emergency is an important issue in criminal law.A prevailing perspective seeks to establish its legitimacy by appealing to legal philosophy.Neverthe-less,this approach is scarcely successful.The argument premised on Kantian philosophy disregards the fact that the solidarity principle,with its altruistic characteristics,is not an essential condition for realiz-ing external freedom and fails to withstand the scrutiny of Kant's notion of legal rights.The interpreta-tion of the solidarity principle based on Hegelian philosophy concentrates on the conflict and resolution of abstract legal rights and welfare rights in Hegel's related discussions;however,the absolute state view posited by Hegelian legal philosophy is incongruent with our country's constitution.The perspec-tive rooted in contractualism also encounters difficulties in establishing its validity.The contract execut-ed by hypothetical subjects behind the veil of ignorance cannot bind citizens in the real world.The re-search for the legal basis of the principle of solidarity should take a different path.
emergencysolidarity principlephilosophy of lawprinciple of social state
万方数据
维普
