The Inquiry Of The Responsive Law

In the 1960's ,drastic changes, the Vietnam War, frustration led to the crisis of faith, the civil rights movement, people strike, the expansion of the gap between rich and poor, rising crime rates, environmental pollution, urban riots, and many other social problems together, and social contradictions intensified. In this social context, resulting in a soft rigid rule of law replaces the rule of law requirements, the main representative of the Berkeley school, Selznick and his disciples advocated by Nonet-type pattern of the law is a response to this era echoes.Berkeley School of inheriting the traditional theory of classical sociology of law, based on the sociology of law to break the routine will be combined with the philosophy of natural law to natural law philosophy as the guiding ideology, the rule of law concept as a center in the Pound on the basis of social control theory, more concerned about the purpose and legitimacy, and legitimacy as the core concept of sociology of law. This idea is mainly reflected in Selznick and Nonet co-author of quot;Changing Law and Society: Towards a model law to respond to, they are at the Max ? Weber, Unger predecessors such as the legal division Also based on the type of unique ideas put forward three types of legal model, namely, repressive law, autonomy-based method and response-based method, through detailed discussion, we can see that repressive law so that legal institutions passively adapt to social environment; self-government -type rule is to maintain the integrity of institutions, is a blind acceptance of the integrity of the formalism; and response-based method was able to handle very well and integrity of open conflict between the right to adjust the difference between the tension, it gives the national spirit of self-correcting system, the law can be effectively integrated in society.In this paper, legitimacy and purpose, ethics and values, order and legal view of the concept of obligation and civilizations, as well as the integrity and openness to describe several aspects of response-type pattern of the law with the rationality of the existence and development, has its existence practical significance. Although the response to its own model law theory shortcomings, the authors in the book also reflects a number of non-self-confidence and fear, but these are just a minor problem, with the development of the practice, as society changes in this pattern of the law is bound to be improved . In the analysis of its theoretical significance, the writer from the administrative, judicial and public order considerations, proposed construction of a good social order in order to promote the law internal development, and effectively maintain social order, thereby promoting the social peace and harmony , progress and development. China is in a period of socialist rule of law, to find a model appropriate to the current legal situation is very important and urgent issues. Therefore, the reference type to respond to the legal model, the theoretical framework of the law combined with the contemporary social reality, both have a certain theoretical significance and practical significance.