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Types Of Law And National Spirit

Posted on:2010-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZhangFull Text:PDF
GTID:2166360275952524Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
The comparative study of the culture of law between the East and the West is the main content of Max Weber's study of legal philosophy.In Weber's opinion,the combination of capitalist economy,rational centralized bureaucracy as well as religious ethical idea lead to the formation of law of formal rationality in the West while the factors such as small scale peasant economy,patrimonial centralized bureaucracy and Confucianism bring the formation of law of essence rationality.While affirming that economics exerts great influences on the formation of legal systems, Weber also emphasizes that religion,ethics,and traditional spiritual culture play an important role in the formation of legal characters.Weber's thoughts give enlightenment to the modernization of construction of our legal system.Since the reform and opening-up,great achievements have been made in the establishment of legal system and a relatively complete law system has been constructed.However, people's legal consciousness lags behind because it is difficult to change the custom and view related to religious belief which formed through thousands of years.This is the contradiction and conflict in the process of the modernization of Chinese legal system and it becomes a big obstacle in developing the socialism law because the law ideal and pursuit in modern legal system can not be identified and accepted universally, or the universal social psychology and social concept can not be formed and realized. Besides,it restricts the social effects of rules of law severely.The modernization of legal system construction requires the change of traditional national spirit.The traditional national spirit,especially the traditional legal culture is the brace of the modernization of legal system construction.No matter how rules of laws are strengthened,the lack of the support of traditional culture will lead to weak social order.Our modernization of legal system construction should be established on the basis of national spiritual culture and we should deal well with the relationship between the law culture in the East and the West.Only in this way can the modernization of legal system be advanced,the law concept can enjoy popular support,and goal of managing our country by law can be realized.
Keywords/Search Tags:National spirit, Law of formal rationality, Law of essence rationality, Modernization of legal system
PDF Full Text Request
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