Economic Law In The Form Of Rationality

Form of law is always a key question of jurisprudential study, just as Professor Unger says, form of law is the overwhelming and all-embracing question in the history of western constitutionality. Especially with the development of science & technology and the transformation of society, formal reason has become the core of reasons, and the positive research on law from the angle of formal reason has been the main method to go on with jurisprudential study. Economic law is not an exception. Since the appearance of economic law, it has been an important field and objective of jurisprudential study, and a lot have been achieved in study on economic law. These achievements helped to build a suitable market economy legal system and state intervention system. Because economic activities rely more on science & technology among all the legal systems, it is obvious that economic law bases on technology & science and shows its technical characteristics of formal reason. However, in our country, inquiry into formal reason of economic law is lack, while study on economic law concentrates on reflections on judgment and humanism. The discussion on the value judgment is very important, but it can not answer many questions about economic law such as the normalization, self-governess, formalization and basic categories .So, it is urgent to probe into the formal reason of economic law and it has become an essential means to demonstrate many theoretical and practical questions about economic law. This article is trying to probe into the formal reason of economic law and to produce a new explanation and angle to get a clear understanding of economic law.How to define the formal reason of economic law is the first question that this article must answer. This article defines its dimension and value in three respects, namely in institution, in language and symbol and in thinking ways and technology. From the angle of institution, the function of economic law is mainly the one of the formal reason; that is to say, it is to provide a set of rules and procedure for state intervention. This is because it will be thought as reasonable if it observes the rules and the procedures of economic law, no matter they are right or not, and this question economic law cannot answer completely from the angle of institution. In this kind of linguistic situation, by the rules and procedure can economic affirm the legality and limitation of state intervention and modify it procedurally; from the angle of Language and symbol, the function of economic laws is to convey the order and requirements and to provide information by the language expressions. From this point, the formal reason of economic law is a means to communicate and express. So, it is amain part of formal reason how to convey the requirements of economic law accurately and correctly. From the angle of the technology and model of thinking, the function of economic law is the model, the way and the techniques that people deal with the problems of economic laws in. From this point of view, the formal reason of economic law is a kind of methodology. In these three respects, formal reason of economic law is the carrier of a set of united, general and substantial rules. As a result, the main method to research on the formal reason of economic law must be the positive one.Since the formal reason lies in three respects, namely in institution, in the model and technology of thinking and in language and symbol, in the second chapter this article mainly discusses the logical start point and basic conceptions. The article holds that the logical start point of economic law is the limits of collective reason. Because people's reason is limited, law and other norms appeared; because the collective reason is limited in the market, state intervention is necessary to stop the unreasonable collective activities. Although the proposition is disprovable, it has its own significance. On the premise of the collective limited reason, this article points out that, the economic right, the economic quali...