Introduction To The Philosophy Of Value Of Law

Research on value of law is not only required for the enrichment and development of contemporaly Marxist philosophical theory but also the appeal of the times for renovation of jurisprudence and an active reply to the great practice of establishing a rule of law state. This dissertation conducts a profound and systematic analysis and elaboration of deeper historic details of legal development and its ultimate concern for the subjectivity of man from the perspectives of interactive relations between law and man, pointing out that economic factors are the inherent bases for the generation of value of law and that the rational factors of man are the prerequisites for the generation of value of law Therefore, human nature constitutes the important basis for value of law with order, justice, equity, liberty, and effectiveness as objective orientations. These objectives self-conflict and self-integrate, finally consolidated in the unrestrained and self-reliant~, self-conscious and self-activated subjective development. Only by promoting value of law and establishing the spirit of the times of law can there be a universally effective rationalist rule of law order.This dissertation is composed of five parts.Part One Introduction. This part elaborates on the subject-object relationship as the theoretical premises of the theory of value through a suivey of the meaning, characteristics, contents, classification and significance of value, pointing out that value of law is the subjective requirement of the objectivity andlegality and that the externalization of value of law is but objective attributes of its subjectivity with such characteristics as subjectivity, objectivity, necessity, and plurality, etc., further establishing an entirely new classification framework for value of law Finally, an elaboration of the major significance of the research on value of law is given.Part Two The Generation of Value of Law A basic survey is given of the inherent mechanism and bases of value of law, suggesting that law as a universally effective rational rule must have some value principles and spirit rooted in the material living conditions and the human rational spirit.Notwithstanding the different courses of evolution between the East and West, the mechanism for the generation of value of law and its value orientation are interlinked. From the perspective at deeper levels, value of law is rooted in the development of man himself Of course, the imperial spirit of Chinese value perspectives is yet to be overcome and discarded.PartThree TheHumanNatureBasesforValueofLaw Anyvalueisin terms of man. Therefore, the subjective appeal of man, especially the theory of human nature, constitutes an important basis for the value of law theory Chinese perspectives of good, evil, and moldable human nature lays the foundation of legal culture of 搈orals supplemented by law?while the three peak developments of human nature in the West eventually determined the Marxist perspective of social human nature, which suggests that in the unity of opposites of natural and social characteristics man has developed towards 搕he nature ofhumanities? embodying man抯 desire and pursuit of freedom, laying the foundation for the overall free development of man and perspectives of law, and constituting an inherent support for democracy and rule of law.Pait Four The Assessment of Value of Law This part is devoted to defining value of law assessment as an assessment, measurement. and criticismof legal phenomena by subject in combination of the objective necessity according to certain criteria. Value of Law assessment has acquired such characteristics as subjectivity, spirit. foreseeability, and conditional objectivity with individual, social, and authoritative assessment playing different significant roles in the various key points and links of rule of law through stages of factual understanding, value understanding, and value assessment of law Thus, only by establishment of a scientific ~nd...