On Unger 's View Of Modern Rule Of Law

The action defining the western rule of law as the inev itable product of liberal society is a basic consensus, although we stern scholars of that have dif ferent interpretation in cognition and understandi ng. Coincidentally, Unger also believed that the western contemporary rule of law is produced after the d evelopment to a liberal society from the western social dev elopment, which is o utside of the non-western countries. This means not every country is able to create the rule of law. Unger called the rule of law a legal order in his statement with a think ing that the western law experiences evolution of thr ee kinds of conception: custom ary law, bureaucratic law and th e rule of law, but as a leader of critical legal studies, Unger launched a strong attack on the modern mainstream Western rule of law, namely the constructed Law of Liberalism theory centered on plural democracy, free market and separation of the three powers. At the occas ion of law of criticism was to reach a climax, Unger went straight to the criticism of western liberalism to a f urther push forward of it, th e latter of which views weste rn liberalism coming to a stands till without actual keep going when it enters the stage of welfare cooperation countries and it can not m aintain individual rights to realize formal equa lity, besides, the endeavor of seeking substant ive equality also destroys the long-standing analytical method of Legal formalism gradually. Scholars of critical legal studies m ostly criticize without any constr ucting suggestion. However, Unger gives an overall criticism on literal legal system and its theory without stint by taking both, including both the negative and positiv e, which means giving criticism to a certain m odel negatively while trying to put f orward a al ternative idea positively. The f ormer is deconstruction, revealing the current m ale practice of adm inistration of justice in western countries and the la tter is reconstruction, c onceiving the function that administration of justice should assume in the process of realizing a liberal and democratic society and its method used in completing it and also developing its vision of countries ruled by law.This thesis intends to explore th e reason and m ethod of Unger towards the criticism and reconstruction of western liberalism from his criticism studies on law, with a finding that it is commendable for the vision of rule of law on the construction of people’s good life, although its path m ethod is worth discussing for the lack of feasibility. Nevertheless, the f oresight and sagacity of Unger ’s insight to the western contemporary rule of law opens another way to the learning of the western rule and also provides a lot of id eological resources on the construction of modern countries ruled of law.Besides the introduction, this thesis is divided into five parts: the first part mainly introduces Unger’s life, cultural cultivation and m ission, the question consciousness and the academic direction, which lays the foundation for later elaboration of Unger’s legal thought; from the relationship betw een individual and group, the second part grasp the reason for the for mation process and the plight of the m odern rule by law; the third part mainly expounds the Unger ’s thought of modern rule by law, including the criticism of the western m odern rule by law, and his ideas and ef forts of reconstruction of the modern rule by law; the fourth part is the reflection of Unger’s thought of modern rule by law, which put que stion forward to som e part of reform about the rule by law in the design and refe rence his idea resources of rule by law on the current China; the last part is the conclusion.