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No Intuitive Knowledge , No Law

Posted on:2011-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Y XiaFull Text:PDF
GTID:2166330332963994Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the coming of modernization and the development of market economy, some drawback of market economy emerged. The idea of pursuing the largest profit from market economy must lead people to leave traditional virtue and intuitive knowledge of social responsibility alone when they communicate, so that the social morality and intuitive knowledge will lose their power. In this context of the times, the problem of intuitive knowledge is on the point .This passage by contrast the idea of intuitive knowledge between China and west country and come up with his own idea of intuitive knowledge combine with the San Lu Scandal. From the point of humanity, I think that intuitive knowledge is just people'kindness or innate kindness. On the point of elementary moral sense, the intuitive knowledge contains some knowledge of understanding, emotion and consciousness in morality. It administrates people'choice of morality and bring up healthy personality, which is very useful to the development of society. Intuitive knowledge plays a extremely important role on the survival and development of human society. In modern times, maybe we can say that the law has already loosed, the power is disappeared, even the rationality had already reversed. It is time to call for conscience to save society and people. Law is the main means to adjust the social life. But the law is not so omnipotent. In the area where the law can not or not suitable to adjust, Intuitive knowledge has a compensatory function in it. This passage comes up with idea through the San Lu Scandal. This passage gives us an idea that intuitive knowledge is the foundation, basic spirit and the source of the law. The legislation and implement of law need intuitive knowledge to use as foundation. At the same time, law can protect the human intuitive knowledge. Now intuitive knowledge is so important to law, we need to let intuitive knowledge involved in legislation, abide by the law, enforcement and judicature when in the process of laying down the law and dispensing justice. It can combine intuitive knowledge and law to gether effectively. It is required that the governor should use conscience principle to make useful law when the intuitive knowledge get involved in legislation. It is required that the public should identify with the law and build up the belief of law when the intuitive knowledge get involved in the action of abiding by the law. It is required the enforcer should dispense the law justice by their inner intuitive knowledge when the conscience get involved in enforcement. It is required the judges should not only obey the law loyally but also to use his own conscience to deal with the case righteous when the conscience get involved in judicature. It can avoid the pubic have a doubt about the judicial decision. In a word, law only be meaningful with the person who have intuitive knowledge. Without intuitive knowledge, we can not make useful law. It will be better to execute good law with conscience. It will be better to administrate the justice with intuitive knowledge. I wish all the human beings can obey to their conscience. Only in this way can make the society more prospering and progressing and have a sustainable development.
Keywords/Search Tags:Intuitive knowledge, San Lu scandal, Law, Justice
PDF Full Text Request
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