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Jurisprudence Interpretation On State Transformation

Posted on:2012-01-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:K M WangFull Text:PDF
GTID:1226330344451698Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The internal contradiction based on political and economical logic from nation-state caused complicated intension between legal plantation and legal dissemination. At first, legal plantation and legal dissemination both are constitutional practice to build a strong nation-state, however, when state sovereignty try to put traditional ethic-civilizational order forward to legal-civilizational order by the power of legal plantation, separative essences such as free market, individual methodology, ethnic, classes and capital related to modern nation-state expropriate the narrative legitimacy from state legal dissemination, then lead to a paradox called "rule of law of anti-legality", which came from the dual interaction between state transformation and society transition. observed by these experimental facts, could postulate the hypothesis of state transformation. In order to test and verify this hypothesis, this dissertation carefully inspect the significant event as educational fairness and Chongqing’s crime crackdown, contends that state purpose decides the education purpose, then education purpose decides the institutional design of educational fairness. To this end, legal institutional reason take a great important significance on interest division, conceptional divergency and ethical debate during state transformation.
Keywords/Search Tags:state transformation, society transition, nation-state, rule of law, legal artifice
PDF Full Text Request
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