The Research On Unger's Critical Theory Of "Legal Order"

The word of "legal order" (Legal order), in a not very strict sense is known as the "rule of law", is an important concept in his book "Law in Modern Society " of Unger. In human history the history of different forms also has a different legal type. Unger used Weber's "ideal type" classification method that the human has the type of law arising summarized as customary law, bureaucratic and legal order of three types. One of "legal order" stage is the emergence of Western liberal society of the unique type of law, which has other types of law do not have the "universality" and "autonomy" characteristics. This type of legal form of jurisprudence in the mainstream of human society so far appears to be the least bad of the means of social governance. But Unger did not agree with above. In this book, he boldly predicted that the Western "legal order" and the disintegration of a false crisis. Actually, Unger considered this book which is aimed at the legal situation as the breakthrough point to explain many of the social problems and then reached a critical end of the 19th century and early 20th century formed the purpose of classical social theory and attempts to establish its own system and has groundbreaking theoretical system. The high starting point of its conception is not the general contemporary thinkers can do. However, as these long-term macro-political ambitions making its ideology and for hundreds of years precisely after the theory and practice of training compared to the theoretical system of liberalism, which always seemed to be somewhat self-contradictory and not very stringent defect. For the theoretical system of its vast, many scholars have given "a casual, half-hearted" evaluation. Therefore, this system is also inconsistent for us to separate the interception of a certain period of time to read but thought does not provide a possible out of context.This article is under consideration at this to Unger "law in modern society "(Law in Modern Society) was modeled, which is taking into account the "What Should Legal Analysis Become?" (What Should Legal Analysis Become?) and other relevant theory relevant research literature, examining on Unger to occupy the mainstream of the contemporary world of the liberal rule of law "crisis" a unique insight. Liberalism is a false myth of the rule of law because it failed to eliminate inequality in the daily lives of dependency and unreasonable and can not be resolved once and for all human order. Unger believes that the law is not a passive reflection of social change, but for human society in different historical stages of the social order of the positive response to the crisis, the later stage of the laws are on the stage of social order before the special crisis response. Human beings are wise to have the wisdom and courage to challenge the society have the right to speak of those "false authority" and give full play to their imagination of the effective range of "alternatives" to guide humanity to a form a more perfect society, which are upon and over their "human society" concept in consistent.This paper is divided into four part which are about 33,000 words.Part 1 of the thesis is introductory remarks with Unger "legal order" critical and fundamental reason in order to do a brief on the concept. As a talented and diligent scholar, Unger made a unique system and his book has a broad base including the verities subjects such as sociology, jurisprudence, politics and the other literal arts.Part 2 is to mainly discuss the critical object by Unger that is the shape and basic meaning of western "legal orders". Unger gave the dialectical arguments about the development of this concept form the following two levels, which are the social structure and the social ideologies and specifically explored the extreme sample that could not generated by the "legal orders" that is the case of the ancient society in China.Part 3 of the thesis is the core. of the rule of law for the Western problems and crisis, Unger had a profound and all-round criticism. In this book, the readers of his efforts have to prove that the rule of law that is only the worst people in many circumstances but to make a choice in the selection model. At the same time, Unger profound insight into contemporary Western society (in the book after being called liberal society) the great changes, mainly on grounds of economic laissez-faire past, the welfare state and cooperation to the country changes, the law is losing the universality, or even self-government and the public are really features, which would have a "legal order" and even have shaken the foundation of the legal existence. In the book, readers of his efforts to prove that the rule of law is only the worst people in many circumstances to make a choice in the selection model, and in fact did not eliminate the rule of law in the daily lives of corruption and slavery.Part 4 is the combination of theory and practice. As a Brazilian born and grew up in the wave of democratization scholars, Unger many books at all showing the same for developing countries of great concern to Chinese society. Only in " Law in Modern Society " in his book, Unger on "legal order" generation and "the different forms of modernity," the two questions on selected material as a typical Chinese society and make a detailed and in-depth description of. Book at a social event, Unger also changes taking place in the Chinese hold a lot of interest. we have reason to Chinese rule of law in the theory of practice to do one Fan, "Unger path" of the study, in the hope that the evolution of China's rule of law there is a deeper awareness and understanding.