最近在读Laz 的the authority of law,碰到practical questions、practical reason、practical problems却不知有何区分,我把它们都译为实践理性,不是是否妥当,请大家批评指点。叩谢。
Legal philosophy provides only one part of the philosophical answer to practical questions. Clearly each concrete problem involves many other aspects as well. These may be discussed by other departments of the philosophy of practical reason. Legal philosophy itself is concerned only with the legal angle of all practical problems, namely with the way in which the fact that a certain action has some legal consequences should affect practical deliberation generally and moral considerations in particular. This is the question of the authority of law.
多谢parivraj 兄指点。关于 Legal philosophy itself is concerned only with the legal angle of all practical problems这句,部门法,如民法、刑法等也是从法律角度解决实际问题,法律哲学也是如此的话,似乎不能区分。或者还是说关注的对象是一样的,但是研究方法、研究目的等是不一样的。
But what authority has the law over us?译为:“但法律权威是什么”抑或直译“但是法律对我们有何种权威”更妥当?
The law claims our allegiance and obedience. Every legal system claims authority. But what authority has the law over us? What authority should we acknowledge as due to the law? This is the main question this book attempts to answer. What kind of an answer can philosophy provide? Unrealistic expectations at the outset are bound to lead to unjustified disappointment. The question is of great practical importance in so many aspects of daily life. Its importance is growing as the law penetrates more and more into every corner of social and individual activity. But the deeper the law's penetration into various aspects of life the more complex the problem of the authority of law becomes and the more one despairs of the possibility of a general philosophical answer to it.