"resentment" And Constitutional Theory Analysis

How to treat the silence of people whose legal rights had been severely damaged? What will their choice be able to impact on the society? How to peek at these modern Chinese who persist to understand constitutionalism? What is the reason why they make the choice? Usually, people's psychological feeling under these situations has been ignored in the realm of traditional legal science, or has been classified to the research of the legal psychology.This article develops a new approach to face the relationship between law and emotion. That is to say , the article introduces sensibility phenomenology, the Viewpoint of a German famous phenomenology scientist Max Scheler (1874-1928),into the Legal research and to construct the law of sensibility phenomenology. The author utilizes this new method to analyze the impact of ressentiment on the constitutionalism, and obtains a conclusion that we should establish constitutionalism to eliminate ressentiment.The law of sensibility phenomenology in overseas has been developing along with the development of phenomenology , and phenomenology strongly impacts on the law domain. At present, in our country's legal science research has lack of the research on law of sensibility phenomenology. Although Max Schuler' s sensibility phenomenology is very important in the research of phenomenology, the west law world has not taken the law of sensibility phenomenology seriously. The article introduces Max Schuler' s the law of sensibility phenomenology into the legal science research, and constructs the system info and new approach named the law of sensibility phenomenology into the law research for the first time. It will expand the legal science research,...