Economic Law Of The Basic Aspects Of Holism Explained

The organicism in the essay means the economic law organicism of methodology. The reason why the methodology has been chosen to illustrate the basic category is because the problems of Methodology is the principle problems in any science, it is the mark on a science mature or not, as well as the prerequisite and qualification to develop the science successfully. So that, Lorenz, a Germany professionals of legal methodology, points out the reason that jurisprudence being a science is that it owns and applies its unique methodology. But such important problems have often been ignored by Chinese legal research, including economic law research, in past years. What we mean here is , importantly speaking, the existing research is not enough. Of cause, we can't say the scholars in economic law research doesn't have its own methodologies, the methodologies adopted by them are unconscious application of the main legal methodologies coming from their legal education ,then tacitly absorbed into their thoughts.The unconscious application, not only lose the reconsideration to main legal methodologies, but also conceal their social backgrounds, basic contents and limitations. So it is necessary to clarify the main legal methodologies. As we know, in China the Jurisprudence is "exotic". Its main current came from the Renaissance at the same with the West. Their social-economic backgrounds and purposefulness to anti-feudal make them emphasize the individual free will or self-awareness and individual independence, adding the pragmatic scientific property, today's main legal methodologies have two characteristics: Firstly, on the level of philosophy, it means the individual conflictism. Secondly, to reflect the subject's characteristic, it pays attention on practicability hermeneutic. The aim is to resolve the legal disputes in society by interpreting the existing rules. To the society and the conservative system of that time, although the significance of its exists can't be ignored according to the development of law and jurisprudence. But it is impossible to admit the methodology, fitting in with the special backgrounds and idea characteristic of times , is effective on the development of jurisprudence. So, facing the existing social-economic backgrounds and the rising legal departments, to break with tradition is more important than to blaze new trails in order to show a reasonable interpretation, to build a theory with more power of interpretation, and to guide legal practice. What we need do is to rethink to today's main legal methodologies.This monograph systematicly discusses the methodology and the legal methodology as common theory of the methodology of economic jurisprudence. It gives out the detail description on the methodology of economic jurisprudence and of integrative harmonism, playing an important and essential role in analysis of economic jurisprudence, and the interpretation on fundamental problems, such as the basic value and noumenon, using different methodologies based on integrative harmonism. So the title of the essay is "The illustration of the organicism of the economic law basic sphere"Something needed to explain is that "the wholly harmonism " hasn't been used in the title of the essay, the purposes of doing that is: Firstly, the need to make the title concise, secondly, the need to avoid some misunderstandings about "the wholly harmonism ".Therefore, the organicism and the wholly harmanism are used concurrently, and they mean the same thing.Hope to offer a new form of thoughts to reknow the economic law through the interpretation by the monograph.The part I deals with the methodology of economic law is the beginning of my paper. In my opinion, the legal methodology is a kind of two-ties, even Multi-ties constructure system, not a single or no-ties concept. On the basis, I holds: the law which is the mixer of the social relation, means that every branch law relays on the conjecture about the economic relation between people. As a regulator to social relation, law , in different department regulating different social relation, is designed for society and economic relation between people. The different designs to nature of society and social relation will create different legal thoughts and ideas. So, the methodology linking with social idea often is the fundamental methodology of the sectoral law reflecting the nature and character of the sectoral law, and in the nature of philosophy. It also determines the value pursuance and rules design of economic-legal system and the whole process of the running of economic law. According to the definition, along the development of the society , the changes of social thoughts and transitional course of society of legal system, the conclusion we get is the social ideas of economic law being a kind of organic idea about "philosophy of actualism", corresponding its methodology is organicism and harmonious dialectic.The part II is on axiology. Making use of the research conclusions from part I, particular the integrative harmonism , to analyses the value of the economic law. From the meaning, expression and realization of equity, efficiency and order in economic law. ,Viewing from the integrative harmonism :a)Any value of economiclaw is not homomallous but multidimensional .The unilateral understandings will not reflect the value but to castrate it. b) The values don't conflict each other, at least in principal aspects, but supply each other. Seeing Structure and history of economic law, to lay particular stress on or make light of the values will influence the realization of these values. c)The value of economic law reflected form different dimensions in the different sub-sectoral law of economic law. That's to say the one sub- sectoral law only realizes the value in one dimension. Considering the values of economic law from sub- sectoral law is meaningless to integrative harmonism of social economic.The last part is on ontology, "ontology" is not a conception of philosophy, but of jurisprudence. This part only interprets the regulating objects, legal benefits or standard and function of economic law, the legal-economic relations and responsibility from integrative harmonism. a) Surveying the regulating objects of economic law, we should take the social economic as a existence and subject, and to inspect the individual as subject in social entirety. In such a way, the social -economic relation regulated by economic law is the trinity-two dimension relation starting with organism. Trinity means the two parties of a organization relation and the organization; two dimension means the relations between owner and organization and the indirect relations among elements. In nature, such relation is an unseparated inner link. b)The social standard and the benefit reflecting the legal benefit can't reduce to individual benefit. c)The function is the result of organic integrative analysis. To function, we must talk the meaning from part to whole body from angle of organicism, if not, it's action speaking from causal relation. d)Economic-legal relation including right and duty differs from other sectoral law lying in its dualistic structure and dualism decided by subject. e)Economic-legal liability. Integrative harmony means complementarities of the function of economic subject, organic relatedness and external performance of subject,so that illegal activities of subject complete with the duplicate harmfulness result in the miscibility and complexity of economic-legal responsibility. Moreover, the productiveness from the motivation to behavior of subject makes the rational lawbreaking be the nature of economical illegal activities. So we should bind the illegal activities according the social-economic conditions,damage and illegal gains.In general, the main idea running through the monograph is the integrative harmonism of methodology, It completely varies from the main methodologies prevailing in jurisprudence and unconsciously adopted by economical scholars. Perhaps this methodology can't be accepted by some economic law jurists, I esteem their choice insisting my opinions.