The Unger Legal Change Theory Research

The history of contemporary Chinese society is in transition, institutional change - especially changing the law to become distinctive character. Legal change is a holistic concept, including the concept of law, rules, principles, architecture and system level phenomena and the values, spirit, and nature of changes in the level. The emergence of a changing society from a social point of view and further from a sociological perspective, the tendency of the law. As a result, concern the Sociology of Law of the important issues - the relationship between law and society will become very important and interaction not only helps to explore some rules of the law change, but the rule of law in China has great significance .Sociology of law in many works, Unger's "laws of modern society" has been widespread and profound scholars to study. Jurists reason he was recognized as the Critical Legal Studies Movement leader, is the legal tradition of Western liberal critique of liberalism, the rule of law and advocated the myth is false; and most scholars are equally committed to our criticism of his rule of law Thought and the reference value the rule of law in China, but for the theoretical study of the legal Changes related to very few. This sorting out of the hidden works of Unger in the theory of legal changes, legal changes in the general theory of the process - from the development of customary law in tribal society, bureaucratic method for the aristocracy, and then into a liberal society, law and order, further development to the future of liberalism as the disintegration of social and legal order; focus on social organization and social awareness from the interaction view of the corresponding legal characteristics; Unger on the legal concepts involved, the type of model laws, legal evaluation criteria, the rule of law unique understanding.This article is divided into five chapters, a total of forty thousand words.The first chapter is the paper's introduction, a brief introduction of this paper chose to change the law Unger, theoretical background, significance, and so far at home and abroad on the status of Thought Unger focus of this article and difficult.The second chapter describes the legal evolution theory Unger problems, this part is to further elaborate the main part of the paper to do plumbing. Theory is the product of a particular era, the legal Changes Unger Unger thinking of theory as an integral part of the United States criticized the social background of law are inseparable. Unger own experience coupled with his freedom in Brazil and the United States has deeply about society can be said that his theory is a profound social liberalism dialysis. At the same time, his theory has two important ideological source: Max Weber's legal thought ; American Legal Realism born and raised.The third chapter is the main part of the paper, Unger describes the key point of the theory of legal change. Unger's legal theory of evolution theory based on the four default: critical social theory, social patterns and legal types, theory of comparative legal culture, legal pluralism. Furthermore, he was under the world-wide trend of development of the legal system, the process of legal change: tribal customary law society→Law→bureaucratic aristocracy liberal legal order of society→free society after the disintegration of the rule of law. The changing course of the show under a variety of social forms in the manner required by law. And, Unger stressed the law is different historical stages of human society's response to the crisis of social order, law and society are interactive. Finally settled on the rule of law argument will be as liberal capitalist society, by change of form of the nature of change, namely, the disintegration of the rule of law.The fourth chapter is the main part of the supplementary paper to compare the legal Changes Unger theory and theory of legal developments related to further changes in a deep understanding of the legal theory of the value of Unger. First, Weber, Pound, Berkeley School of Law Legal Theory of Development and Change Theory Unger compared to the legal concepts involved, the type of model laws, legal changes in the evaluation criteria, the rule of law in four areas of comparison. Followed by the development of Marxist theory and the law changes the legal theory of comparative Unger.The fifth chapter is to integrate theory with practice, part of the legal Changes Unger theory of evaluation and analysis of China's learn from the rule of law. Evaluation component consists of two aspects, one aspect is the legal Changes Unger academic contribution theory to analyze the other hand, the law is Unger's theory of evolution theory are experiencing difficulties for analysis. Second, according to Unger, theoretical analysis of legal change to reflect the rule of law in China.