| "The Economic Law's historically rationality" is the theoretical basis of economic law in a very important issue. Marx and Engels once said:"All of science is the science of history".In other words all that has to find the basis of ontological existence in the history.Building economic law in the history of science'important step is to construct the historical rationality of Economic Law, but what is it? In essence, it is a kind of rationality following a historical legitimacy, in other words, to find a reason for the existence and the basis of things the long river of history. Therefore in the history of things to explore a rationality that is from the social history of the political, economic, cultural and social development as well as the macro sense, a historical interpretation, pointing out that it is the significance of space and time in history. The rational study of the history of economic law's core, that is, is to explain the economic law in the history of space and time exists.This paper is carried out top-down perspective, first of all is the object of study for basic introduction and general interpretation of (first chapter), combing through the literature on the history of economic law to make a reasonable research studies necessary to assume before, the main content is a description of historical rationality, economic law's language sources, there had been a brief form of the theory and discussed. Followed by the rationality of economic law basis of the study of history:the logical interpretation of the evolution of society (Chapterâ…¡), combing through the literature and theory building, to the rationality of the study of history of economic law, the establishment of a historicist framework. The third is from the national level appear on the Economic Law and the former had elaborated and Classification of Economic Law (Chapterâ…¢), in this chapter is still based on a historical point of view, to clarify the factors that produce the country, why the State intervention in social life, and how to intervene in the way of social life. Fourth is the economic law and economic law as a common history of pre-rationality of the necessary retroactive (Chapterâ…£), and for some discussion. Fifth is to address the historical legitimacy of economic law (chapterâ…¤), and its factors, searching for historical necessity.The first chapter is to study the basis of the initial need for a general introduction to the study of the content and definition. In this chapter, the first exposition of the rationality of history, followed by the academic evolution of the concept of economic law, then followed by the economic law have appeared in several forms, the final papers come to the line taken by the concept of economic law. In the concept of economic law on the evolution of academic pedigree, papers referring to the concept of economic law from civil law countries (Anglo-American law there is no form of the sense of economic law), in addition to Germany, Japan, USSR can be said to affect the economic law of modern theory of economic law department and the development of several of the most important countries, and because the paper is in China in the Context of the analysis, the actual occurrence of the lineage in the history of economic law will be the main choice for China, Germany, Japan, and USSR, the four countries as a research and analysis objects. In the combing their academic pedigree, you can find the practice of economic law can be divided into four different basic forms: economic law under the form of a war economy, the economic law under the form of economic disaster, the market economy under the Economic Law forms and plans Economy Economic Law form, these different forms of economic law corresponding to the concept of their theory of economic law. In the last part of this section, with regard to all the theory and patterns of economic law are some of the common economic laws of history as a study of the soundness of the basic assumptions. Based on six:(1) the concept of economic law and complete the form exists only in civil law countries, (2), formally created the concept of economic law on the First World War, Germany, (3) the concept of economic law should include all forms Economic Law, (4) economic law legal function is to adjust the social and economic life, (5) the legal form of economic law is that the Government as a public right to intervene in the main social and economic life, (6) the concept of economic law before the formation of the Government as a public the right to intervene in the socio-economic life of the main laws and policies for the former economic law. The six papers in the history of economic law under the assumption of rationality of small-scale unfolding.Chapterâ…¡:The content is the exposition of the logic of social evolution, the purpose is to construct a historical context to grasp the whole methodology. Section of this chapter is the use of analytical tools, presentations, respectively Toynbee's philosophy of history, Marx's philosophy of history, philosophy of history based on the theory of evolution, these three papers is a rational analysis of the history of economic law of gravity. Sectionâ…¡of this chapter of history began to elaborate the logical evolution of the "social form" theory:paper advocates the historical evolution of society as a protagonist, there are four forms, namely the sound development of society, of social recession and stagnation, loss of order in chaos social, shock transition community, with the perspective of social evolution to observe, the birth of any society, development, decline and even extinction are four kinds of social formation process of conversion and exchange between, and this endless conversion is the adoption of The challenge of human history and human history of the response were completed, in this paper are four different types of social formations which are to Toynbee's philosophy of history, Marx's philosophy of history, Western economics, a certain amount of analysis of separate. The main point is still focused on Marx's on top of changes in social patterns, are determined by changes in the economic base and superstructure. Sectionâ…¢of this chapter is to set out the logic of the historical evolution of the driving force of social evolution:social pressure. First, the paper argues that in the social evolution of logic, resulting in the four community in the history of the continuous cycle of operation is the driving force of social pressure, combined with a different philosophy of history and historical facts of the social pressure to form a brief classification; followed by the probe when the social pressure to go beyond the social carrying capacity, the social morphology of conversion problems. Section IV of this chapter is to explain the combination of several discussion papers used in the social evolution of logic:This logic is based on four kinds of social forms as the core, to promote circulation and four kinds of social forms changes of the social pressure, when the social pressure than when the social carrying capacity of morphological changes in society as a whole will be carried out, of which the community response to social pressure, decided the community exist between social forms in four ways.Chapterâ…¢is the Government's response to social pressure. In this chapter can be divided into three parts started. Chapterâ…¢Sectionâ… is to demonstrate the social, national, inter-governmental relations. Its first community and the country, the government carried out the necessary to clarify the concept; followed by the Plato beginning to Giddens's society, our country and the Government to sort out relationship theory; the third is the theory in many countries, select the Marx's Theory of State and the theory of corporatism as a national perspective on the analysis of the relationship among the three, and came a "Marx-corporatism," the interpretation of architecture, and came to two conclusions:(1) the State only society for the sake of survival and development tools, (2) represents the national government is a tool for interest groups. Fourth is "Marx-corporatism" perspective on government intervention in the cause of the community the necessary inference. Government intervention in the community's argument is based on:(1) countries for social survival and development (response to social pressure) resulting in a kind of institutional arrangement; (2) to rule on behalf of the state of society with the social pressure to respond to the main body of the Government; (3) The Government is a tool of interest groups. From the above three conclusions can be social pressure on the Government to respond to the reasons for giving a complete answer. Sectionâ…¡of this chapter to respond to social pressure on the Government's approach to the exposition of this exposition is by ways and means of distinction, exclusion of non-economic law govern the scope of areas. As the economic law under the civil law system is rooted in the concept, and the paper finds that the economic law is the most common intervention in the Government as a public right of the main socio-economic life, we as two common definitions of the methodology of economic law and to begin discussion This commenced. First be defined to exclude the public and private law, not in the public right of the main areas for social intervention, and then to exclude the right of the Government as a public, but not interfere with the main areas of social and economic life, the rest is the economic law areas. Partâ…¢of this chapter is to illustrate the different social pressures from the public right of the main historical practice of social intervention, and in the first chapter of part of the paper there is a definition:the concept of economic law was formally created in the First World War; In order to solve the formal economic law before the formation of the concept of government as a public right of intervention in social and economic life of the main legal attribution of papers to create a term "former economic law"; In this connection, will the concept of economic law before the formation of the government as a public right of the main intervention in social and economic life of the law that "Former Economic Law", and the concept of economic law after the election of the Government as a public right of the main intervention in social and economic life of the law known as the "economic law", and have seen in this section of the Economic Law and Economic Law of the pre-addressed social pressure are discussed in this paper with the list, in this exposition with the list, the former Economic Law and Economic Law are made to address social pressures exist.The fourth chapter is the economic law of economic law in common with the previous history of a reasonable interpretation. Paper argued that all laws of common historical rationality, or both is to address the social pressure, but how to determine from the economic laws, or the former economic law to solve a certain type of social pressure is the rationality of history of economic law to solve problems. In the discussion section of this chapter, the Government will adopt to address the economic law of economic law, or the former because of social pressure, is based on economic means to resolve the social pressures on a combination of convenience, national security needs, the market is not entirely a result of market failure and government to pursue their own interests; these three forms of economic law why the Government to adopt some kind of social pressure to interfere with all the reasons. Chapterâ…£Section then in relation to the theory of national security, lineage, discusses why the Government chose to intervene in economic law and the former social factors of economic law, and in respect of theory and examples of explanation.â…¢, chapterâ…£is the economic law of market failure theory, in which there are many scholars carried out a detailed description, so the paper chose not to start discussion, just alluded to. Section IV of this chapter is the Government's interest, this means is that apart from the interests of the public interest outside the government interest, the Government's interest consists of three parts:first, control the Government's interest groups, self-interested behavior, the Government's rent-seeking behavior, bureaucratic system expansion. Sectionâ…¤of this chapter is a response to social pressure of the government decision-making model of economic law on the subject. Can be found in this chapter means to resolve the social pressures based on economic convenience, the national security, market failure, government interests have formed a common economic law economic law with a history of reasonable.Chapterâ…¤is a rational discussion of the history of economic law, that is why the problem of economic law. Section of this chapter is to discuss the analysis of economic law approach to paper's view of the economic base determines the production of economic law is in total support, but its role in the economic base to generate economic law in the process of inevitable political life of change. So that (→production relations and productive forces→Economic Law) model can not be too hasty formation of economic law to conduct a proper interpretation should be changed (→production relations and productive forces in political life→→Economic Law) be possible to correct economic law causes of the interpretation. Discussed in sectionâ…¡of this chapter, then based on (→production relations and productive forces in political life→→Economic Law) architecture, on the economic law and the former drew a distinction between economic law, papers that the economic law is the product of political modernity (political modernity the transformation of political legitimacy and economic modernity is the establishment of the global economic system, but economic modernity and political modernity has led to the conversion), economic law is a completely transformed the political legitimacy of the Government as a public right of the main social and economic life to intervention, law, economic law is the political legitimacy of the former pre-transition or the transition process in the Government as a public right of the main social and economic life of the intervention of law. (Political legitimacy if the examination from the perspective of political philosophy, political legitimacy refers to the ruler's "political rule" and the people's "political subject" inter-relations). In other words, the modern economic law is constructed in a complete theory of popular sovereignty on the legal form, and the former more or less dependent on non-economic principles of popular sovereignty theory, such as: divine right of kings,â… am the state, natural law, rational and equal political legitimate theory exists. Discussed in Sectionâ…¢of this chapter is a complete transformation of the political legitimacy of the background, and this one is depends on the background is the nineteenth-century history of ideas comb reached, and this is a comb to take Clausewitz, Marx and Weber, Karl Marx trio perspective. Thesis that since the Thirty Years War in the "Peace of Westphalia" entered into after the rudiments of the nation-state "sovereign state" fully established. The sovereign state system in a series of hegemony in the national consciousness began to awaken the nation, the concept began to build. In the American Revolution and the Glorious Revolution in the United Kingdom continental erect a flag other than the establishment of another political tradition, the European continent kings began to use "nation-state" This is a new tool, big play vertical and horizontal alliances, while the Middle Ages the political legitimacy of the clerical-style game was also the king's constant depletion. King of the game into the pinnacle of the occasion, the French Revolution broke out, which changed the shape of war, the French established a nation-state under the conscription system, making the king of the game into a full war. Napoleon used this as a weapon to sweep the entire European continent, until all European countries have accepted this explosive weapons (nationalism), after which the form of war is no longer on the king's game, but is rooted in the nation-state aggregation of national spirit. Which aggregate national spirit, calling the political legitimacy of Disenchantment (required can be self-motivated people on the battlefield, is not due to conscription to war weariness resulting from too severe psychological), the people's sovereignty theory, this gradual conquest the entire European continent. Throughout the nineteenth century can also be said on the sovereignty of the people and the divine right of kings on the battlefield, until World War I, old and new thinking was the adoption of a general settlement of the war, the world entered the modern from the modern times and to the people's sovereignty on the total win in the end. Section IV discusses the legitimacy of this chapter, the decisive transformation of economic law, in this section that the First World War is the political foundation for the transformation of the whole of economic law last step, that is the modern theory of popular sovereignty is possible in the First World War fully established before the First World War, due to technical, military service system, the political form of the reasons for the overall war is impossible to realize. While overall there is a necessary condition for war is asking for is that all elements of society as a whole must have sacrificed the interest of national self-preparation (whether in property, life), in which demand, the country's political legitimacy of transitions into the completely unavoidable matter, because such a high demand for political beliefs inevitably calls for the complete disenchantment of political legitimacy, and therefore all the transcendence of the First World War the validity of the will have been shattered and replaced by the legitimacy of popular sovereignty. In the transition into the legitimacy of popular sovereignty, the economic law that required a new political modernity of law that arises spontaneously. Section V of this chapter is the political legitimacy of the regime of economic law on the structure of discussion, decided to political power structure of political legitimacy depends on the country's political legitimacy and control of the regime's political groups (interest groups) the hold ideology. Any one political group to obtain the authority of government is to compete through the society reached, which, in essence, although the competition for entirely by the use of force or benefits to achieve, but the unity and political groups since the glue to the same goal is the ideology, political groups that ruled at the national level to achieve the country's political legitimacy to rely on, that is, they hold a political ideology.(Political ideology is used to get rid of the extra outer edge, in essence, it is a methodology to analyze the social status,to establish the goal of transforming society, and to choose a means of transforming society) the political groups in power, to a large level,is relying on its political and ideological to achieve the legitimacy of state power,and therefore political ideology also determines the legitimacy of political organizations which control the state power. But also because a continuous relationship between the legitimacy of Economic Law and the legitimacy of the interest groups which master the Government,and therefore it could generate so many forms of economic law, also demonstrated the complete relevance between the economic law form and the ideology of political parties believe in. Sectionâ…¥of this chapter is a synthesis of Marx, Toynbee's theory of social evolution and the David·Easton's political system theory and discussed the economic law of the political process.(The history of rationality of the Economic Law is constituted by a social evolution to the legitimacy of political rights.)... |
