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Legal Analysis As Institutional Imagination

Posted on:2008-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:X P WenFull Text:PDF
GTID:2166360212992928Subject:Law
Abstract/Summary:PDF Full Text Request
Now in our country Unger's idea is only to be critical .Although his new work _What Should Legal Analysis Become?_ was published ten years ago, yet it is not translated into Chinese. And few people notice it now. This article is finished through translating this work.First simply show the theme of his idea, basic element about legal analysis ,central conceptions and problems his focusing on .Unger discourses legal analysis ,because he wants to change and reimagine institutions by the practice of the legal analysis .Today the rationalizing legal analysis is most influential ,but it cannot complete the mission .He thinks that it is institutional fetishism that constrict the development of the legal doctrine .And the style of legal analysis rationalizing legal analysis _is also the central reason ,so he focuses on the latter .Not only he criticizes its limits ,but also discourses its roots .Moreover ,on the base of criticizing ,he constructed his own style _revisionary legal analysis .He thinks that this new style consists in two moments :mapping and criticism .mapping provides materials for criticism ,and criticism sets the perspective and the agenda for mapping .By the two moments,institutional defects can be discovered ,on this basis institutional imagination can be done, and so rights can be effectively enjoyed. At end, the influence of his idea is be offered.
Keywords/Search Tags:Legal analysis, Institutional imagination, Rational reconstruction, Rationalizing legal analysis, Institutional fetishism
PDF Full Text Request
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