Author: Marx
Source: The Complete Works of Marx and Engels, Volume I
Time:
Philosophical declaration of the school of historical law 86
Generally speaking, the historical school is a reaction to the frivolous spirit of18th century. The popularity of this view is inversely proportional to its authenticity. To be exact, there was only one product in18th century, and its main feature was frivolous. The only frivolous product was the school of history.
The historical school turned the study of origin into its own slogan, and developed its love for origin to the extreme, so that boatmen were required to sail at the source of the river instead of the mainstream of the river. Therefore, if we go back to the origin of the historical school and Gustav Hugo's Natural Law 87, this school will definitely think it is reasonable. The philosophy of the historical school came into being before the development of the historical school, so it is futile to look for philosophy in the development of the historical school.
/kloc-a popular novel in the 0/8th century holds that the natural state is the true state of human nature. At that time, some people wanted to see people's hearts with flesh and blood, so they created natural people-Babagno, who were so simple that they actually wore feathers. In the last decades of the18th century, people once imagined that those primitive people had extraordinary wisdom. At that time, bird catchers were heard everywhere imitating the singing skills of Iroquois and Indians, thinking that birds could be lured to China in this way. All these bizarre words and deeds are based on the correct idea that the original state is a simple picture of the Netherlands, depicting the real state of mankind.
Gustav Hugo is a natural person who has never been exposed to the Romantic School of Cultural History, and his natural law textbook is the Old Testament of the Historical School. Holder believes that all natural people are poets, and the sacred books of primitive people are poetry collections. His point of view will not prevent us from making the above judgment at all, although Hu Guo speaks in the most dull and boring prose tone; Because just as every century has its own unique nature, every century will produce its own unique natural person. Therefore, if Gustav Hugo is not writing a poem, he is, after all, making it up, which is a kind of prose poem adapted to18th century.
When we say that Mr. Gustav Hugo is the founder and founder of the historical school, we act according to this school's own wishes, which can be proved by the article in memory of Gustav Hugo written by the most famous historical jurist. When we thought Mr. Gustav Hugo was the son of18th century, we even acted according to Mr. Gustav Hugo's intention, which was confirmed by this gentleman himself. He claimed to be a student of Kant and called his natural law a branch of Kant's philosophy. Now let's start with the arguments in the Gustav Hugo Declaration.
Gustav Hugo misinterpreted his teacher Kant. He thinks that because we can't know the real thing, as long as the unreal thing exists, we will logically admit that it is completely effective. Gustav Hugo is a skeptic. He denies the inevitable nature of things, so he treats the accidental phenomena of things like Hoffman. So, he doesn't want to prove that the empirical (2) things are rational; On the contrary, he tried to prove that the empirical things were unreasonable. Gustav Hugo smugly tried his best to move out the evidence from various aspects to prove that the following argument is obvious, that is, any kind of rational inevitability can't make all kinds of empirical evidence.
(1) see Gustav Hugo's natural law textbook "as positive law, especially the philosophy of private law", Berlin revised edition 18 19.
Page one. -Editor's note
② German "positiv" means both "positivism" and "reality" and "truth".
-Editor's note
Institutions, such as ownership, state system, marriage, etc. , with vitality; These systems even contradict rationality; People can only say whether they support or oppose these systems. We should never blame this method on Hu Guo's accidental character. In fact, it is his principled method and the honest, true and unscrupulous method of the historical school. If the empirical thing should be effective because it is empirical, then I must prove that the empirical thing is effective not because it is rational; In addition to proving that irrational things are empirical, empirical things are irrational, and empirical things exist not because of rationality, but against rationality. What other ways can we prove this more clearly? If rationality is the measure of empirical things, then empirical things will not be the measure of rationality. "Although these are crazy words, that's it!" (1) Therefore, Gustav Hugo desecrated everything that justice, morality and politicians regarded as sacred. However, he destroyed these sacred things just to honor them as relics of saints in history. He humiliated them in front of reason in order to celebrate them in front of history in the future, and also to celebrate the views of the historical school.
Gustav Hugo's argument, like his principles, is empirical, that is, non-critical. He doesn't know the difference. Everything that exists is regarded as an authority by him, and every authority is regarded as a basis by him. Therefore, in an article, he quoted Moses and Voltaire, Richardson and Homer, Montaigne and Amon, Rousseau's Theory of Social Contract and Augustine's On the Capital of God. He also treated all ethnic groups with the same attitude and put them together. In Gustav Hugo's view, Siamese people are as practical as British people, although the former thinks that it is an eternal natural law to sew the tongue-breaker's mouth and cut the clumsy speaker's mouth to the ear according to the king's command, while the latter thinks that if this is his king's specialty,
(1) Shakespeare's Hamlet Act II Scene II. -Editor's note
The decision to levy even a penny of tax is politically absurd. Shameless Kanchi people are as practical as French people, although the former walks around naked and smears mud on their bodies at most, while the latter not only needs clothes, but also wears them well. Germans are not more practical than Biraghi Puter, although the former raised her daughter as a writer's treasure, while the latter simply killed her daughter in order to avoid the burden of feeding. Generally speaking, the rash on the skin is as practical as the skin itself.
In one place this kind of thing is practical, while in another place that kind of thing is practical. Neither this thing nor that thing is reasonable. Then obey what is practical in your own land of Xiaotian!
In this way, Gustav Hugo is a complete skeptic. /kloc-Gustav Hugo's skepticism in the 0/8th century denied the rationality of existing things, which was manifested as skepticism denying the existence of rationality. Gustav Hugo inherited the Enlightenment. He doesn't think that what is experienced is rational, but this is just to avoid treating rational things as empirical things. Gustav Hugo believes that people eliminate the rational illusion in empirical things in order to admit the empirical things without rational illusion; He believes that people take off the fake flowers on the chain in order to wear the real chain without flowers.
/kloc-the relationship between Gustav Hugo and other enlightenment thinkers in the 0/8th century is roughly the same as that between the disintegration of the French state during the reign of the Regent's dissolute court and the disintegration of the French state during the National Assembly. Both are disintegration! During the reign of the imperial court, disintegration was characterized by debauchery and frivolity. It understands and laughs at the ideological emptiness of the existing situation, but that's only to unload all the shackles of rationality and morality, tease decadent waste, and be forced to disintegrate under the teasing of these waste. This is when I was entertaining myself, when the world was corrupt. On the contrary, during the National Assembly, this disintegration showed that the new spirit broke away from the old form.
Philip, Duke of Orleans, came in second. -Editor's note
Liberation, because the old form can no longer accommodate the new spirit. This is how new life feels about its own strength. Life is to destroy what has been destroyed and throw away what has been abandoned. Therefore, if there is reason to regard Kant's philosophy as the German theory of the French Revolution, then Gustav Hugo's natural law should be regarded as the German theory of the old French system. Once again, we found in Gustav Hugo all the frivolities of dissolutes during the government rule, that is, vulgar skepticism, which was arrogant and rude to ideas, but extremely humble and obedient to obvious things. Only when the spirit of empirical things is suffocated can we begin to feel our wisdom, and then we can have purely empirical things as residues and feel comfortable in this animal state. Even when weighing the weight of the argument, Gustav Hugo regarded the rational and moral things in various systems as rational suspicious things with absolutely reliable instinct. For the reason of Gustav Hugo, only the nature of animals is beyond doubt. Then let's listen to what the enlightenment thinker said from the perspective of the old system! We should listen to Gustav Hugo's views from Gustav Hugo's own words. The words "what he said" should be added to all his judgments.
introduce
"The only legal feature of man is his animality." (1)
Free articles
"Restriction of freedom" refers to the nature of reason ",or even a situation that this nature cannot stop becoming the nature of reason at will, that is, the nature that can and should act rationally." ②
Page 5 2. -Editor's note
② Ibid., p. 147. -Editor's note
"Not being free will not change the animal nature and rational nature of people who are not free and others. All moral responsibilities are still valid. Slavery is not only feasible from the physical aspect, but also from the rational aspect; Any discussion that proves the contrary view must contain some misunderstandings. Of course, slavery is not absolutely legal, that is, it does not come from the nature of animals, nor from the nature of reason and citizens. However, slavery, like any law recognized by opponents of slavery, may be a temporary law, which can be seen in the comparison with private law and public law. " The evidence is: "From the animal nature, people who belong to the rich are obviously better protected from poverty than the poor, because losing the former kind of people is not good for the rich, and the rich care about their sufferings, while the poor will be excluded by their compatriots as long as they have something to squeeze ..." "The right to abuse and destroy slaves is not important, and even if this happens, it is not necessarily worse than the suffering endured by the poor. Physiologically, this situation is not as serious as war, because there is absolutely no need for slaves to go to war everywhere, and even beautiful women are easier to find among female slaves in the circle than among female beggars. " Please listen to what the old man has to say! )
"As for the rational nature, it is better to be a slave than to endure poverty, because even from the point of view of prudence, the owner of a slave would rather give money to educate slaves with certain talents than spend money on begging children. Within the scope of the national system, it is slaves who relieve the pressure of exotic species. Those who escort prisoners of war only care about prisoners of war because they have to bear the responsibility for the time being. Are slaves more unfortunate than prisoners of war? The government sent guards to supervise the prisoners. Are slaves more unfortunate than criminals? "
wedding supplies
"Compared with discussing complete freedom of marriage, marriage is often regarded as much more important and rational when examining positive law from a philosophical point of view." ②
Admittedly, in marriage, satisfying sexual desire accords with Mr. Gustav Hugo's idea. He even (1) Gustav Hugo's textbook "Natural Law as a Positive Method, Especially the Philosophy of Private Law", 18 19 Berlin revised edition 4th edition, page 24 7,249,251-255,257. —— Editor's Note ② Ibid., p. 276. -editor's note from this fact leads to a healthy moral outlook:
"From this situation, there are countless other situations. People should have seen that it is not immoral to regard the human body as a part of the hand for a certain purpose, because people, including Kant himself, misunderstood this statement." ①
However, in Mr. Gustav Hugo's view, sanctifying sexual desire with exclusiveness, suppressing sexual desire with law, and idealizing natural requirements with morality and beauty, making it a factor of spiritual combination-the spiritual essence of marriage-are exactly suspicious things in marriage. However, before further discussing his frivolous and shameless thoughts, let's listen to the voice of a French philosopher in order to make a comparison with this German who explores history.
"Since a woman abandoned this mysterious pity for the only man (this commandment reserved by God is engraved in her heart), she dedicated herself to this man. For him, when she entrusted herself to him, she abandoned her shyness that she had never abandoned. Just for him, she lifted the veil that was usually used as a shelter and an ornament. So there is a close trust in her husband, which is the result of the exclusive relationship that can only exist between her and him. She didn't feel insulted because of this relationship, so she felt grateful to her husband for this sacrifice and felt passionate and respectful towards this person. Even when sharing joy with him, this person seems to just indulge him blindly. This is why our social system is in good order. "
That's what Benjamin Goldstein, a Frenchman who thinks philosophy freely, said! Now let's listen to what this slave German who explores history has to say!
"More suspicious is the second factor, that is, you can't satisfy this desire without getting married. The nature of animals is contrary to this restriction, especially the nature of reason, because a person should know almost everything if he wants to foresee the consequences.
(1) Gustav Hugo's natural law textbook as positive law, especially the philosophy of private law, Berlin revised 4th edition 18 19.
Page 279. -Attention
Therefore, if we promise to satisfy this strong natural desire with only one person, then this is the temptation to God! ""Feelings for beautiful things are essentially free and bound, and things related to such feelings will be separated from them. " ①
Look, who are we young Germans learning from! 9 1
"This system is against the nature of citizens, because ... in the end, the police will undertake an almost impossible task!" ③
How stupid philosophy is, even the police don't care!
"All the consequences of the detailed rules of the marriage law show us that marriage is still an extremely imperfect system no matter what principles are followed."
"However, this method of restricting sexual desire through marriage also has great benefits, because infectious diseases can usually be avoided, and marriage also saves the government a lot of trouble. Finally, there is an extremely important opinion everywhere, that is, the factor of private law has become the only customary factor here and has also played a role. " "Fichte said: A person who is not married is only half a person. However, in this case, I, Gustav Hugo, am very sorry and have to think that this wonderful motto that puts me above Christ, Fenelon, Kant and Hume is a shocking exaggeration. "
"As for monogamy and polygamy, obviously depends on the animal nature of human beings! ! "⑤
Educational articles
At first, we read:
(1) Gustav Hugo's textbook "Natural Law as Positive Law, Especially the Philosophy of Private Law", Berlin revised 4th edition 18 19.
Page 280-28 1. -Editor's note
(2) in Gustav Hugo's works, the word is "limit". -Editor's note
(3) Gustav Hugo's textbook "Natural Law as a Positive Philosophy of Law, Especially Private Law" 18 19 Berlin Revised Edition 4th edition.
Page 28 1-282. -Editor's note
(4) Fichte's Science of Ethics System Based on Scientific Principles (Jena-Leipzig Edition, 1798), pp. 44-9.
. -Editor's note
⑤ Gustav Hugo's textbook "Natural Law as Positive Law, Especially the Philosophy of Private Law", 1865438+28, 4th edition, Berlin, 09.
5-289 pages. -Editor's note
"The reasons that the art of education can put forward against the legal relationship related to this kind of' family education' are no less than the reasons put forward by the art of love against marriage." ①
"The difficulty is that people can only carry out education within the scope of this relationship, but this difficulty is far from worrying as when satisfying sexual desire, because it is allowed to entrust a third party to carry out education in the form of a contract; Therefore, anyone who has a strong interest in this job can easily be satisfied. But of course, the educated person is not necessarily the specific person he is willing to educate. However, a person who will not entrust his children to him can rely on this relationship to educate others and exclude the possibility of education, which is also contradictory to reason. Finally, there is a compulsion at work: on the one hand, positive law often does not allow educators to give up this relationship, on the other hand, the educated have to let such people teach. The reality of this relationship is mostly based on the pure chance of birth, and birth must be related to the father through marriage. Because there is usually a preference that hinders a good education, the way to produce the above relationship is obviously not particularly rational; Moreover, children whose parents are dead should also be educated, so this mode of production is not absolutely necessary. " ②
Private law clause
Section 107 tells us:
"The necessity of private law is an imaginary necessity." (3)
National legal provisions
"Obeying the government in power is a sacred moral responsibility." "As for the distribution of government power, no national system is absolutely legal, but no matter how power is distributed, every system is temporarily legal." ④
People can also abandon the last bondage of freedom, that is, abandon what makes people reasonable.
(1) Gustav Hugo's textbook "Natural Law as Positive Law, Especially the Philosophy of Private Law", Berlin revised 4th edition 18 19.
Page 336. -Editor's note
(2) ditto, pp. 339-348. -Editor's note
③ Ibid., p. 138. -Editor's note
④ Same as above, pages 5 12 and 5 19-520. -Editor's note
The bondage of sexual existence has been proved by Gustav Hugo, hasn't it?
We believe that these abstractions extracted from the philosophical manifesto of the historical school are enough to give this school a historical evaluation to replace those non-historical assumptions, vague fantasies and deliberate fiction. These abstracts are enough to judge whether Gustav Hugo's successor, 92, can undertake the mission of contemporary legislators.
It is true that with the passage of time and the development of culture, this primitive genealogy of the historical school has been shrouded in mysterious smoke; Romanticists prune it with fantasy, and graft their own characteristics on it with thought and discrimination; Countless academic fruits are shaken down from this tree, dried and stored in a vast German academic warehouse. However, in fact, with a little textual research, we can re-see the dirty and old whimsy of our old system enlightenment thinker behind all kinds of modern words and expressions, and re-see the vulgarity of this enlightenment thinker behind a thick layer of oil paint.
Gustav Hugo said that "animality is the legal characteristic of human beings". From this point of view, the law is the law of animals, and educated modern people do not say the rude and frank word "animal", but say terms such as "organization law", because when it comes to organizations, who immediately thinks of animal bodies? Gustav Hugo said that there is no rationality in marriage and other moral and legal systems, while modern gentlemen say that these systems are not the creation of human rationality, but the reflection of higher "empirical" rationality, and everything else is the same. They all use the same rude tone to express only one conclusion, that is: the law of tyranny and violence.
The legal theory and historical theory of Haller, Shtal, Leo and their associates should be regarded as only the renovation of the old version of Gustav Hugo's natural law. After several textual research and analysis, here.
(1) The German word "Orga nismus" means both "organization" and "institution" and "body".
Think about it. -Attention
We can read the old text again, and we will explain this point in more detail later when we have the opportunity.
Because we still have the old manifesto, all the tricks to beautify the original text are even more futile. Although this declaration is not very wise, its meaning is clear.
Karl Marx wrote about 1842 from the end of July to August 6.
Published in1supplement No.221of Rheinische Zeitung on August 9, 842 (lack of marriage)
For the first time, the full text was published in the Complete Works of Marx and Engels (1927 Historical Textual Research Edition), part 1, volume 1.
The original text is German.
Chinese is translated according to the historical textual research version of the Complete Works of Marx and Engels 1 Volume 1 Part 1975.