Recovery And Reflection Of Identity Value From The Perspective Of Modern Rule Of Law

Marx said,"Man can only achieve his own development in and through society." For people living in this era of running,development is as far away as Kant's stars,only keeping pace with the times has exhausted the full strength of them.Some questions appear occasionally in the precious moments outside walking with my head down,seem to revolve around who I really am.Based on Marx's social communication theory,It is the sociality of human beings and the only way for people to find themselves and others.Human beings can become real people only through the interaction with others in social life as a kind of social existence.In fact,since Protagora's "People are the yardstick of all things " to date,all things have developed,but people as a yardstick have been ignored.So,for the purpose of a grand narrative and the specific sense of desire,we should reflect on the relevant arguments that can draw such conclusions as "human independence","atomized society" and even "equality among individuals" from the insisting on the subjectivity of human beings in social interaction,and on this basis,we can regain our identity.Therefore,the original intention of this article is restoring the human being itself through the way which has a grand purpose and a specific narration.The question and elaboration of this paper will discuss from the following aspects that insisting on the subjectivity of human beings in social interaction,reflecting on the relevant arguments that can draw such conclusions as "human independence","atomized society" and even "equality between individuals".There are two undoubted points: human must be social and the main body of society must be human.This is the basic standpoint of the follow-up argument in this paper.Although the theoretical exploration around human beings has never stopped,and the theories from subjectivity to intersubjectivity have been trying to depict the unshakable conclusion--human subjectivity from affirming the subject to criticizing the subject,from "I think,therefore I am" to intersubjectivity,and from self to others,the conclusion is also abstract at the philosophical level.But man is always a concrete and realistic existence,and the value of philosophy is real which can only be put into practice.Under philosophy,the simplest and most direct logic of human subjectivity is depending on the identity.Therefore,identity is the most direct way of narration under the grand purpose.From the identity to achieve the grand purpose of human subjectivity need a specific and detailed discuss in the field of the existence of identity,the content of identity,the way of identity expression and other aspects at least.Identity exists in the specific space-time field.From the perspective of identity determination and application,in combination with the different ways of generation and existence of the state and society,the identity of the state pays more attention to the basic problems of people,while the identity of the society pays more attention to the daily problems of people.Therefore,the study of identity should be carried out in two different time and space fields: the state and the society.Among them,the study of identity in the social field should return to the theory of communication,and the study of social identity should be carry out from the presence communication and the absence communication respectively,so as to meet the needs of social reality.From Hegel to the recognition theory of Axel Honneth who is the contemporary main representative figure of Frankfurt school give us a theoretical approach to identity expression.Along the route,we introduced theory model of Identity theory in sociological,then make rational,accurate and effective explanations to identity from comparison,generalization,identification link,supplemented by internal and external perspective of self-identity.Through the analysis of identity theory,it can be found that no matter what kind of identity will point to the same ultimate goal--rights.Citizenship points to civil rights,and social identity contains more complicated rights because of its complex system.The country and society are evolving,and the space and time field of identity is changing,which means that the problem of identity determination exists forever.The diversity of social life coupled with the division of social division of labor,the social class of constant change;from this,we find that identity is dynamic,diversified and changeable,and extend the investigation of identity concurrence and identity reduction,so as to verify the right logic of identity identification again.Meanwhile,we find an effective identity expression tool--law.The so-called effective expression tools are intended to meet the needs of tool selection.Different space-time conditions require different tools.In the field of modern rule of law,the most effective expression of identity is undoubtedly the confirmation of law,that is,through legal identity.The law should give full attention to identity from both theoretical and practical levels,and regain identity to a certain extent in order to use identity logic more effectively to serve social life practice.Since the origin lies in the sociality of human beings,identity should be responded to it,that is,social value should be highlighted from the aspects of public reason,rights protection,social mobility,system construction,while value needs and realization should also take into account the background of the times.Therefore,the focus of social value in the current era of rule of law lies in justice.Identity can be guaranteed by a sound and effective identification mechanism,interest expression mechanism,mobility mechanism and relief mechanism.Despite demonstrating of identity and discovering that the realization mechanism of the identity rule of law can pursue justice under the logic of identity,the theory of regime cycle based on human nature suggests the possibility of social life cycle,which means that people as subjects should also consider the fluctuation of their social level.If the degree of socialization can be replaced by generations,what is the obstacle in the process of socialization? So the problem goes back to the original intention,that is,the social problem of human beings.Where is the bottleneck of human sociality? Undoubtedly,identity may be the fundamental factor that ultimately restricts social interaction and stops further socialization on the premise that communication theory is not broken.