Three Dimension Perspective Of Law

This text presents itself in three dimension perspective thinking on law in its value, rules and its historical reality. It intends to find out the antinomy and the shortcomings of these three theories while an attempt to integration. The related law documents that quoted in this text are nothing but the macro - thinking is peculiar. Through three dimension perspective on value, rules and historical reality, people can find the antinomy in the present mainstream law in West, which in fact can not be solved by itself, meanwhile explore a way to a comprehensive thinking on law theory.The whole text is divided into five parts: An introduction, three chapters and a conclusion.The Introduction: In the introduction where is quoted with views from the two contemporary masters who have been researching on the western philosophy and legal theory, we are able to get three views of legal thinking under the characteristic of contemporary western jurisprudence is presented by a coming together of the new natural legal theory, the new analysis substantial evidence legal theory and the legal society. Well, any thinking of theory must be within the existing of the law. According to reciprocal relationship between social consciousness and the existence of society of Marxism, we have found that the law explains itself as a social phenomena is a complicated existing matter, whereby views of value, rules and historical reality have come from. These three views of law are not existing isolated independently, but are switched dialectically, from where forming up the rules and revolution of law. The backbone of this thesis is made up by these three chapters.The first chapter. Three Views of Thinking: This chapter is divided into 3 parts. Firstly I have studied the historical origins of the new natural legal theory, the new analysis substantial evidence legal theory and the legal society as well as the leading views of the representing figures, by this doing, I have laid a foundation for further studies. Secondly I have pointed out the origin of views on the value, rules and historical reality of law by the access of methodology and indicated the origin of views from the three schools of legal theory, whereby a certain study method has been made indicating the key problem: The value of the law can solve the question of justice and direction, but it can not solve question of the certainty and integration of the law, which will result nihilism of law; Rules of the law can solve the.question of certainty and integration, but it can not solve the question of the justice and reality of the law, which will result autocracy of the law; The social theory of the law can solve the question of reality and pragmatics, but it can not solve the direction and certainty of the law, which will result the pragmaticism of the law. Just because of this existed key problem of the three different schools, each school can learn from each other and come together. This coming together doesn't the mean that each of the school shall give up its doctrine. Otherwise individual doctrine will be no longer existing. In order to overcome the limit of individual theory of each school, These three schools must be over lapped on each other for a comprehensive, integrated philosophy of law. Thirdly I have indicated the necessity and feasibility to set up the integrated law and the methods adopted have to be logical and the integration of history and reality.The second chapter, The Existence of Three Views of Law. The three views of legal thinking are rooted from the existence of three views of law. These three views are value, rules and historical reality of the law. Therefore, this chapter has respectively studied the existence of three views of law. The view of value of the law, which is as an ideal of law, has been a theme for western legal philosophy to study. During the this course, a core values of law has been gradually formed. They are order and safety, freedom and efficiency, welfare and equality. These values are respectively the core values of ex - modern society,...