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On The Choice Of Value Orientation Of Target And The Rule Of Law

Posted on:2002-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2206360095451775Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The value object of Rule of Law is the aim at which the subject car-ries out his activities of value of Rule of Law. In activities of value of Rule of Law, the subject first has to make choices and comments on law itself, which demands that the law must be good and that it must cherish the values of equality, justice, freedom and moral, etc. And this kind of values is called the intrinsic value of Rule of Law. The concept manifes-tation of people's pursuit of intrinsic value is the intrinsic value object of Rule of Law which represents the intrinsic objective of people's activities of value obiect of Rule of Law. Secondly, based on people's recognition and ratification of the intrinsic value of Rule of Law, people obey the control of law which results in other values of Rule of Law, such as val-ues of social conventions which mainly incarnate as benefit and order, etc. And this kind of values is called the extrinsic value of Rule of Law. The concept manifestation of people's pursuit of extrinsic value is called the extrinsic value object of Rule of Law. The value object of Rule of Law will be realized when people are willing to obey the control of a good law which gains the canonical status.Aristotle in Ancient Greek was the first man to illustrate the conno-tation of Rule of Law and made choices and orientation on the value ob-ject of Rule of Law, and declared that a good law rules. "Good law" concept manifested Aristotle' pursuit of the intrinsic values which can al-so be understood as the orientation on the intrinsic value objective, in other words, the choice on a justified (good) value object. "Law con-trol" or "general obedience gained by law" manifest Aristotle' s pursuit ofextrinsic values of Rule of Law, in other words, the orientation and choice on extrinsic values of Rule of Law. If a good law is generally obeyed, the various value objectives of people's value activities can be obtained. The value object of Rule of Law is the unification of the two: the intrinsic value objectives of Rule of Law (justice includes freedom, e-quality, human rights, democracy, etc) and the extrinsic value objec-tives of law (order and interest). After that, western law theories and lawful country practice were mainly evolved around Aristotle' s theory of the orientation and choice on the value object of Rule of Law.In China, no Rule of Law was applied before the modem period. If any "Rule of Law" could be said to exist, that could only be taken as in-strument whose objective was the order. In contemporary China, Rule of Law is still mainly considered as an ideal mold for country running. At the same time, due to different factors, people's orientation and choice and application are still of instrument. When Rule of Law is mentioned, it mainly means a lot of legislation, strict law execution, justified judica-ture, obedience of law and supervision of law, which undoubtedly will desalt the intrinsic values of Rule of Law and the pursuit of the intrinsic objective of Rule of Law. The result could be that, on the one hand, people long for Rule of Law; and on the other hand,people fear of Rule of Law and doubt Rule of Law. The reasons lie in that, firstly, some ba-sic conditions are ready to generate Rule of Law, but rather immature; secondly, during the process of the construction of the order of Rule of Law in contemporary China, only the extrinsic values and the choices of extrinsic value objectives are emphasized while the intrinsic values and the pursuit of the intrinsic values of Rule of Law are ignored, which make things go contrary to wishes.Rule of Law derives from the west both as an ideal country runningmode and a value object choice. Rule of Law as an instrumental running mode can be forcefully pushed by the government, but as a value object, it is a motile choice process of the social subject, an entia of objective in-evitability and people' s self - demand of the aim of their activities, and an entia of realism and idealism, and an entia of the intrinsic value object and extrinsic va...
Keywords/Search Tags:the value object of Rule of Law, orientation, choice
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