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On Legal Pluralism And Sovereignty

Posted on:2009-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:C X HuangFull Text:PDF
GTID:2166360248952461Subject:Law
Abstract/Summary:PDF Full Text Request
The Sovereignty, as right/power to indicate truth, is a concept of internal perspective, which is absolute on the strength of people's absolute belief on the theses of truth. Every subject is a Sovereign, so the Sovereign is plural. In the internal perspective, the Sovereign gives laws to his/ her worshippers; the worshippers' beliefs legitimatize their Sovereign's laws; so the law is plural; moreover, the worshippers are giving laws to mold and legitimatize a Sovereign, while they express their beliefs on his/her theses. In the external perspective, people cross-examine the legitimacy of the Sovereignty, therefore, it is deprived of absolutity by laws, but such laws are unable to forbid the behavior of the Sovereignty, although they are really enforceable; an appropriate explanation is that laws in the external perspective take effect only when the Sovereign accept them, during which legitimacy criticizing and accepting are in accordance with the switch process of people's perspectives. It is the most important that during the switch process of perspectives, the Sovereign is never unique. On the contrary, it can be meld in every internal perspective, and be destructed when perspective turned into external. For the two perspectives do not come simultaneously, diverse Sovereignties and laws are not simultaneous, so never conflict.The conclusion is that legal pluralism and Sovereignty are interdependent. There are three kinds of relations between the diverse laws and Sovereignties, i.e. molding each other in the internal perspective, endowing legitimacy each other in both internal and external perspective, and criticizing each other in the dynamic perspectives. The society is the stage owned by all its members, of whom the sovereign state is only one, so, for constructing a harmony society, every one of the social members should be made appear as a narrator on the stage, enjoying his/ her right of speech.
Keywords/Search Tags:Legal pluralism, Sovereignty, Absolutity, Legitimacy, Internal Perspective, External Perspective, Dynamic Perspectives Narrative
PDF Full Text Request
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