The Semantics And Meaning Of Legal Ideology

As an important jurisprudence term, "legal ideology" has been understood in different ways for ages. There is no system discussion or effective conclusion on legal ideology, although it bears the weight of particular perspective and especial significance for the construction of socialistic nomocracy.Firstly, reviewing the different usage of legal ideology and tracking the history of ideology concept, according to the Marxist legal point of view and Marxist ideology theory, we set forth its semantics in four aspects: system, power dimensionality, question of "catholicity", question of falsity". We define the notion of legal ideology as the ideology containing given values and the consciousness looking on essence of law, content of law, activity of law from given values. Any legal ideology exists as a part of legal cultures which is determined by material basis. There are different legal ideologies in a society and a certain legal ideology vindicates a certain power. But generally, the legal ideology vindicating the state power is the mainstream legal ideology of the society. Legal ideologies can divide into scientific legal ideologies and illusive legal ideologies.Secondly, aiming at the view of "the end of ideology" and the trend of no ideology in jurisprudences study, we advance that the legal ideology should be an important dimensionality in jurisprudences study. My dissertation probe into the content of jurisprudences study via the legal ideology in noumenon of law, value of law, means of law, tradition of law, globalization of law. Furthermore, we take rules of mediation in civil action as the analytic stylebook. By analyzing and explaining the history of rules of mediation, the vicissitude of mainstream legal ideology since 1980's in China is open.Thirdly, linking socialistic nuclear value system which is fundamental experience of socialism practice in China. We confirm the basic content of the mainstream legal ideology in the construction of socialistic nomocracy.According to relation theory of ideology and the construction subject: we discuss the target, circumstance, methods of construction subject by mainstream legal ideology, and the significance of mainstream legal ideology to choice the way of the advance of law in China. My dissertation consider that no matter ascending or descending the way of the advance of law, dominant status of mainstream legal ideology is needed . The mainstream legal ideology in construction of socialistic nomocracy guarantee the benign mutual action between the state and the society.