Criticizing the Tendency of Scientism in Exploring the Essence of Law
HU Jun-xua
Abstract
HU Jun-xua
Abstract
Owing to the insufficient evidence of causality,exploring the essence of the law by means of the scientific method based on causality has problems.Giving up causality and applying the scientific method which pursues maximum probability will result in pragmatism of law,while sticking to the thought of causality,even if the Hume problem can be solved,will lead to the complete determinism and a loss of free will of human.This paper asserts that the philosophy research of law should pay the same respect to rationality and non-rationality,and attach importance to the value of human as well as the objectivity.
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Owing to the insufficient evidence of causality,exploring the essence of the law by means of the scientific method based on causality has problems.Giving up causality and applying the scientific method which pursues maximum probability will result in pragmatism of law,while sticking to the thought of causality,even if the Hume problem can be solved,will lead to the complete determinism and a loss of free will of human.This paper asserts that the philosophy research of law should pay the same respect to rationality and non-rationality,and attach importance to the value of human as well as the objectivity.
Key concepts: Scientism, Rationality, Determinism, Objectivity (philosophy), Causality (physics), Epistemology, Value (mathematics), Pragmatism