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思想史上主要有先验论和实在论两种占统治地位的规范理论,但这两种理论与作为社会实在论一般立场的规范理论严重冲突。本文从社会实在论的角度重新诠释了作为社会现实元素的规范是如何可能的。鲍曼深入分析了规范的两个条件,并详细阐述了法治国家的逻辑结构,企图在法学之外寻找法治国家的社会基础。
In the history of ideas, there are mainly two normative theories that hold the dominant position, such as transcendentalism and realism. However, these two theories have a serious conflict with the normative theory that is the general stance of social realism. This paper reinterprets the norm of social reality as a possible element from the perspective of social realism. Bauman deeply analyzed the two conditions of norms and elaborated the logical structure of the country under the rule of law in an attempt to find the social foundation of the country governed by the rule of law outside of jurisprudence.