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Law Change And Society

Posted on:2009-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:J H CaoFull Text:PDF
GTID:2166360242989085Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The relationship between the law development and the social change, as well as the mutual effect on both, which is the significant research within the sociology of law. As one pattern of the law development, the law change can act on the social change actively. Moreover, how to make them influence each other dynamically is worth investigating seriously, and also which the writer is concerned with typically.Meanwhile, doing this research not only can help us to summarize the regularity that the change and development of law contains, but also can open and enlighten we today's modernization of legal system. In the section of introduction, except for the illustration of the objective and intention of this essay, it mainly expounds the reasons why the writer took the First Marriage Law of the PRC as the case of the research, as well as the research method the article adopts. In some measure, this essay insists on the dialectical materialism and the historical materialism of Marxism, synthesizing the juristic theory and the branch law, so as to pursue the mutual relationship between the law change and the social change better.The first part is the essential theory. It mainly discusses the influence that the law change act on the social change, and by which means it applies based on the legal theory of Marxism. The second part mainly expounds the First Marriage Law from three aspects, which is the historical background of it, and the social effect that it comes into being. In modern times, with the development of society and the marriage system, it provides the social foundation and the legal foundation for the execution of the First Marriage Law. However, the disequilibrium of social structure is still the main factor that restricts the implementation of the new type of the marriage system, which accords with the social change, finally, impelling the legislator to achieve their objectives.The third part is the conclusion of the essay, which is on the basis of preceding discussion. In initial stage, as one of modernization country from without, how to realize the legislator's goal, and what kind of relationship that between the law change and the society, which are no doubt that the writer is eager to find. As for the branch law, what kind of ends and effect it can produce, active ones or negative ones? Especially, what it brings about to we today's law and social development is the most important thing.
Keywords/Search Tags:law change, social change, marriage law, the construction of law
PDF Full Text Request
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