On The Legal Belief Of China

There has been debates about the law can be believed or not. The opposition is also very bright. So this proposition is not focus on that analysis. This article will begin with the view of Berman in his book "Law and Religion". By analyzing the background, rationale and the way of research of the writer, I will try to explore the relevance between Berman’s view and the development of law in our nation.The first part of this article is about definition and analysis of "law" and relative concepts. By comparing the similar concepts, for instance, "religious beliefs" and "authority of law",this part try to grasp the connation and denotation of the "believe in law".Beliefs are transcendent and irrational, while the subjects of beliefs can be rational or irrational. The difference of the subjects is the distinction between "beliefs in law" and "religious faith". By comparing the theories of law authority between Weber’s and Raz’s, legal authority should be a kind of subjective status in order formed by the rule. The formation of legal authority does not necessarily require the involvement of the legal belief, while the legal belief can adversely affect the formation of legal authority.The second part of this paper is about the analysis of the background, basis in history and the way of thinking in Berman’ idea that legal should be believed. The reason why legal belief is proposed is the so-called "overall crisis" in the west. Under the influence of rational thought, American society began to abandon the traditional religious ethics followed by the decline of moral standards in the society, which is reason regard by Berman that the injury of legal authority in the West. Berman’ view is based on the history that the influence of law and religion by each other in their respective developments. His dynamic view of history has made his own interpretation of this phenomenon. Berman would come to the point of view because of the dialectical analysis and its application. He is opposite to "dualist" and insist the differences and especially the common between different things. This is not only a method for analysis of a particular proposition, but also universal on the analysis of other issues.In the third and fourth parts, respectively, Berman’s perspective and comparative analysis of our reality as well as the exploration of the role of non-rational factors playing in law development in China. There are big differences between his analytical background, comparing objects and the reality in our country. The "overall crisis" mentioned in his book does not exist in our country. And China is traditionally secular society which means it lacks Western-Christian tradition. There is no meaning to study American’s experience. Dialectical analysis of Berman’ view however still has its merit we need to learn. The involvement of non-rational factors has play a "lubricant" role in law development in China, effectively reducing contradictions and conflicts in the application of the law, safeguarding its authority. So respecting the Constitution and law, regarding to people’s emotion, handling well the relationship between law and morality have become crucial.