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From Nation-Orientation To Individual-Orientation

Posted on:2004-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:C JiFull Text:PDF
GTID:2156360122465915Subject:Law
Abstract/Summary:PDF Full Text Request
Men's belief in rule of law reflects their strong aspiration for happiness and perpetual peace in the world. As it symbolize order, individual rights, equality and freedom of human. However, the ways of men's understanding rule of law differs greatly. Some mentally conceived a beautiful picture of rule of law ; while others made an in-depth study of legal history and even predicted its developmental tendency. If the development of human society is spontaneous process, the first way of devising a blueprint and putting it into practice is undoubtedly unreasonable. Rather, strict adherence to the facts can be regarded as a relatively scientific method. More than one hundred years ago, English jurist, Sir Henry Maine, came to realize that the development of society is a gradual process of family disaggregating and individuals ascending based on his research on the evolution ofancient law and came up with his famous viewpoint--"from status to contract" . NeverthelessMaine did not merely point out the idea of contract. Underlying this thought is equality, liberty, democracy and human rights. More than one hundred years has passed, can this viewpoint still be applicable to the present world, which is totally different from that in Maine's times? Now Leviathan has come onto stage and replaced family as a new central power. With gigantic power in hand, it controls every aspects of men's life and brought disaster to the world. How could it control the society? Will the mankind doom to be subject to its despotic power? In ancient times, it was "Power of the Father" that controlled individuals and determined everything, such as politics and economy. In modem society, the most controlling power is national power. The formation of Leviathan results from his control on politics, economy and freedom of thought. The dissertation focuses on the aspects of politics and economy. The former takes sovereignty and human rights as its core, while the latter takes market economy and planned economy as its key research areas. The study of these two most influential aspects of human life indicates that the ideology of national interests surpassing individual interests and sovereignty surpassing human rights is the theoretical basis of Leviathan. On the contrary, only when men's interests and human rights are considered as the utmost rights can a nation achieve its freedom and democracy, and can it finally outdo Leviathan. However, not every country put the planned economy into practice, and nor does every nation contemned human rights. The dissertation does not intent to specify any single historical path. Rather, it aims to confirm that more than one common values exit in the world and men could be united on the basis of these common grounds although their background is diversified and varied. The paper also points out only when a country resorts to reasonable measures can it achieve the purpose of seeking happiness for itspeople. One important measure lies in a nation's handing over the power to its individual. It is them who should determine their destiny and way of happiness. Otherwise, it could only result in totalitarianism If it does so, people will not gain happiness, in opposition, totalitarianism. That is why so much oppression and brutality take place in the world when a nation only views men as tools. As everyone's dignity is inviolable and everyone is equal, everyone's value should be considered to be supreme. The planned economy came to an end in the late 20th century, whereas the idea of nation-orientation still prevailed. A nation's interference in economic acts is a great threat to the building up of a perfect market economy. In view of it, the most important task at present is to lessen administrative guidance and to reduce other nation's interference in economic acts. Although the situation of protecting human rights is not so optimistic, most countries in the world have reach an agreement on this issue, that is, it is incumbent upon every nation to protect human rights, as nation can not surpass indiv...
Keywords/Search Tags:power of the father, nation-orientation, individual-orientation, national interest, individual interest, sovereign, human rights
PDF Full Text Request
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