The research object of philosophy of law

The research object of philosophy of law is not the law that exists in reality or history. These laws basically belong to the research object of realistic law. The research object of legal philosophy is the common things behind these legal phenomena, not the phenomena themselves. Philosophy of law is ahead of the times and reality. For legal practice, if legal realism is a backward thrust, then the philosophy of law is a traction. When Hegel said that philosophy, like an owl sent by Minerva, always takes off at dusk, he stood at the peak of the spirit and stared at the absolute spirit. On the contrary, legal philosophy should be ahead of legal practice. The philosophy of law should be the forerunner of legal practice, because it is based on the general law, that is, the law, rather than the concrete and realistic law. Philosophy of law focuses on universal things that are never influenced by external factors at any time. Legal realism's vision is limited to legal phenomena of specific historical types in specific countries, and these specific phenomena are often the manifestations of legal distortion. Legal realism only thought about the lower theory of law, and paid most attention to the lower abstraction of law. Hegel's tradition of this science. This is the tradition of dialectics. Philosophy of law should not only study the concept and form of law, but also study the movement and development of law. The philosophy of law should take the concept of law and its realization as the object, that is, the movement process of law as the object. Hegel called the movement of law the concept of law in order to connect it with the so-called "absolute spirit" that runs through everything in the universe. The idealism and mysticism of Hegel's philosophy of right do not hinder the brilliance of dialectical thought. It is not idealism to grasp the law as an idea. If we can't grasp the law as an idea, there is no fundamental difference between legal philosophy and realistic law. Legal realism regards the law as a real law and an existing thing to grasp. It focuses on the material aspect of law, not the spiritual aspect of law. Philosophy of law should not only see the external form of law, but also find out its ideological content. This requires that the concept of cognitive law has inherent regularity in the movement. To grasp law as an idea, we need to regard the movement of law as a rational ideological development process. The concept of law has its logical inevitability of ideological development from one link to another.