Marginal Equilibrium Theory,

This author believes law is a special regulative mechanism of interests and a marginal equilibrium status of various social interests while legislation is a rational, abstract and summarizing statement thereof. The marginal equilibrium status of various social interests is the foundation of law and the harmonious coexistence of these interests is the premise to the stability of law. Nevertheless, the equilibrium is mobile due to the frequent changes of social demand structure and the conditions for meeting such demand. Legislation is therefore rooted in law but different from the latter. Legislation is a summarization and statement for a certain time and location any departure from which means a break-up with the law. When such a break-up occurs, readjustment is required to pull legislation back to the normal track of equilibrium. The readjustment of legislation must be in time, but can't be random, or judiciary uncertainty may arise accordingly. Therefore, particular legislation readjustment must be undertaken in conformance with the marginal equilibrium inclination of law. Economic law, as an important part of the marginal equilibrium of law, is a normative system established for a macroeconomic goal. It is an integral part of a comprehensive body of law like other laws, but independent from others. This thesis is composed of the following eight parts: an introduction to the theory of marginal equilibrium of law, the theory of marginal equilibrium of the nature of law, the theory of marginal equilibrium of legal target, the theory of marginal equilibrium of legal subject, the theory of marginal equilibrium of legal property, the theory of marginal equilibrium of legal behavior, the theory of marginal equilibrium of legal liability and the theory of marginal equilibrium of legal procedure. It is an integrated body of the theory of marginal equilibrium. Chapter I is an introduction to the theory of marginal equilibrium of law with the aim to review and comment the traditional legal theories, point out the problems of traditional philosophical thoughts and the philosophical thoughts in relevant disciplines and propose the theory of marginal equilibrium of law in the end. This author believes there are two major problems in traditional philosophical thoughts. One is the failure to separate natural philosophy from social philosophy, and the other is the sole intent of Western philosophy of law to establish a philosophical system of law on the ground of idealist philosophical thoughts. The failure to separate natural philosophy from social philosophy frequently leads to the replacement of the former with the latter, and hence correct conclusions of social philosophy are elusive. Should the philosophy of law be studied from the perspective of idealist philosophy, no convincing juristic conclusions can be reached no matter it is based on the contract theory of Rawls, the discussion theory of Habermas, or the concurrence of truth theory of Peirce. A correct answer to law can only be found in the combination of subjective wish and objective reality from the viewpoint of dialectics. It is on this basis that the author proposes his theory of marginal equilibrium. Chapter â…¡ is on the theory of marginal equilibrium of the nature of law with the aim to clarify the nature of law from the perspective of epistemology and make clear how to have a correct understanding of the nature of law in judiciary practices in terms of methodology. This author firstly analyses the varying theories on the nature of law, points out their respective advantages and disadvantages, and on the basis thereof proposes his opinion on this issue by stating that the nature of law is the optimal marginal equilibrium of the ethical value, utilitarian value, and positive value of law before proposing in a further step the marginal equilibrium inclination of different values of law to solve the problems of epistemology. In terms of methodology, this author presents his methods for realizing the marginal equilibrium of the values of law, including the theor...