Introspections Of The Concept Of Right In Post-revolutionary Era

Concepts with revolutionary intention such as rationalism and natural rights or natural law have been raised by an ever increasing number of people since 17th and 18th centuries. As one of the important linguistically tools of the society, right has been focusing on its revolutionary meanings, which contains at least conflicts between civil subjects, as well as state authority and individuals. Especially in the history of rebellions on federal royal and ecclesiastical authority, of fighting against invasion and for national independence, and of appealing for political rights and economic interests, people used to making full use of right as a tool for revolution. Of course it mad sense in the history. However, we need in nowadays. We have been in a situation where the road forks, with confusion of roads which to choose, especially for right which has been a concept full of revolutionary intentions. We are facing critical problems now, such as global financial crisis, climatic change, international and regional security, critical Illness and natural calamities, which lead us to rethink right and law in a more rational and humanistic concerning angle of view. This thesis is just beginning speculative introspections in the background of this kind. The introspections make use of methods amongst value, society and norm. This paper is divided into four pars:Part I is the introduction, mainly introducing some background knowledge and post-revolutionary era as a concept. The former is about the history of right and the critical problems we are facing, and the latter is about terms such as revolutionary, era and post.Partâ…¡is macroscopic description of the character of right, including the revolutionary and non-revolutionary intention of right of chapterâ… , and the conservatism of right as a traditional concept of chapterâ…¡. The former focuses on dimensions of vertical and horizontal, conflicts of civil subjects as well as state authority and individuals. The latter mainly describe the conservatism from the perspective of contents, features and the cause, including the introspection of instrumental rationality.Partâ…¢is microcosmic introspections, including chapterâ…¢which explains the concept of right and law from the perspective of value, society and norm. From value aspect, there are two contrary but simultaneous processes in conflict of interests that is the basics of right or law. From society aspect, right is a whole of conflict and cooperation. And from the norm aspect, right is not a rhetoric for pragmatism, but a description for paternalism.Part IV is introspections from the institution or system aspect, including binary interactions between state and society of chapterâ…£. At first, this part focuses on positive significance of state authority which is useful for right. And then from the perspective of civil society, this research shows that binary interactions between state and society is a institutional foundation for the realization of right and the rule of law.