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Free, Legal And Institutional Stability

Posted on:2004-05-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:H LiFull Text:PDF
GTID:1116360095462715Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
The dissertation studies the basic logic frame of argumentum and the meta theoretical paradigm of the modern western liberalism. By studying the contemporary related issues in the philosophical jurisprudence, social philosophy and political theory , such as basic notion of political liberty , liberty and rights , rule of law and integrity , institutional stability etc. and by analyzing political rationality, the originality of main current in liberalism, communitarianism , the Rawls' theory of justice, Dworkin's theory of integrity of law , the nature history construction of freedom( from Marx) etc. , I try to describe the basic notion of the predominant modern liberalism and the theoretical frameworks of analytic philosophy and traditions of western philosophy as far as the inner relationship between the stability of social system and the integrity of law was concerned.Liberalism theory strongly depends on a view of law as integrity chiefly based on the so called moral conviction of constitution to find a way towards a well ordered society or stability .To mining the deep intercourse of the integrity of law and the institutional stability , the dissertation makes a transition at the level of the post modern ontology through the tradition that liberalism congenial with ontology to cultivate a more strong view of stability at a background of post-modern /post -empiricism metaphysics . Furthermore, the dissertation probes the natural-history-transition theory of liberal view of Marxism that deals with the expectancy of ecological liberty theory contemportory liberalism cannot fulfilled.Piercing through the full text is a method of analytic-ontology come from Aristotle and Marx, in the deeper sense is to adduce a kind of basic support structure for historical and behavioral theory of critic reason or philosophical anthropology. Chapter one, Liberalism, this chapter analyses the core doctrine and historical background of liberalism, the trends of after liberalism, critics of communitarians, the deep rooted contradistinction of constitutional concept with the postmodern perspectives of public reason and over-lapping consensus withheld in many contemportory liberals.Chapter two discusses the possibility of stability within liberal views of law as integrity. We also discuss the collisions of concept of law between legal-positivism, pragmatic jurisprudence with Dworkin's concept of law as mode of principle and integrity, then we discuss the intercourse between transcendent frame of reasonablecustoms of the pre/post/modem metaphysics and institutional integrity that provide the stability .The dissertation then discusses Marx's theory of liberty .we hold that Marx's concept of natural, history and liberal personality, the problem of ecological liberty such as animal liberation are beyond the domain of institutional stability liberals were limited.In the epilogue, I discuss the critic of ideology, existential psychoanalysis etc., strongly recommend future studies in the critical anthropology and political unconsciousness.
Keywords/Search Tags:Liberalism, Institutional stability, Law as integrity, Marx's theory of liberty
PDF Full Text Request
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