Form Of Law, Justice And Substantive Justice, Conflict And Resolution

Are legal conflict between legal essential justice and formal justice an issue that could not be avoided?Is it worthy existing for the rule of lawwhen it does harm to essential legal justice as well as befits people?Should the rule of law follow essential justice or formal justice that may lead to the "true"rule of law?In order to explore those problems, the thesis aims to make research on legal essential just ice and formal justice, and advocates that legal formal should justice prevails. Hereby, the thesis includes four parts:Part I focus on the discuss of the legal formal justice and essential justice in daily life. Through analysing four cases, it indicates the existance and forms of conflict between legal essential and formal justice in earthly life, and studies the reason of the conflict and its solution in the eembarrassed situation. Therefore, based on the common points drawn from three sorts of theories of formal justice by analysing the formal three cases , the thesis makes a def ination of the formal justice on which the thesis develops its idea.Part II introduces two theories, both of which focus on legal essential and formal justice: John Raul'theory embeded in his famous book, A Theory of Justice, and Max Weber's nelevant theory. Besides, the thesis explains why legal formal justice overweights legal essential one with the purpose to limit the subject of the thesis.Part III puts forward the grounds on which the theory of legal formal justice is preferred than essential justice. First, it is the legal formal justice that can be possible realised from the point of view that the reason of human being is limited, because there is no certain standard to understand the legal essential justice for the limited humanreason ability. Second, only when the formal justice of law is abided by can law obtain its leg's lature grounds,which are dependent on the agreement of the major. Third, only the priority of formal justice provides a clear distinction between law and other social rules like morality.Fourth, it is the need of the rule of law that the legal formal justice prevails. The last,under the legal formal justice , there can be of possible existance of poly_vale in a society, only on which a tolerant society could be based. And it is only the legal formal justice that is able to provide a tolerant society dependent on objective standards of haman behavious.Part IV discloses the practical meaning of the studies on legal formal and essential justice. It efforts to answer the problem of Local Resources of Law produced by Su Li, from the point of view of the conflict between legal formal and essential justice. And through theoritical discussion, the thesis wants to discover the "true" meaning of the rule of law for the publics, and estbilish a proper conception of law as proper phycdogical base.