On The Basis Of Consensus, Of The Law

In jurisprudence, many problems still have not uniform answers, such as the nature of law, legal origin, the source of the rule of law, the legitimacy of law, and so on. But these issues can not be evaded, because that the correct answer would be a guidance to "the rule by law".I studied metrology' and standards' process and want to find a conclusion. Metrology and standards have the main features of law, and they have a large number of legal materials, we can study it from this perspective.This article is divided into three parts. In the first part, I reviewed metrology' and standards' evolutional process. The process of legal metrology is this: first recorded thing with rope, then Qin Emperor unified metrology, then the metric system was founded, then "International System of Units" was established in the global promotion; The process of standards is: first primary agricultural production standards, then the emergence of a large number of industrial standards, then many countries enact national standards, ultimately international standards is widely accepted. The legalized process has some regularity. The first part prepares materials for the second part. In the second part, I first analyzed metrology' and standards' evolutional process. From groups agreement to regional legislation to national legislation to international harmonization, it' wide acceptance is based on consensus. I analyzed the reason which international standards are accepted by nation. International standards are voluntary, so it' wide acceptance is based on a common recognition and consensus. Technical standards are rules that regulate and adjust people's behavior. From metrology's and standards' evolutional process, we can clearly find that law is a consensus on the origin process and evolutional process. And the consensus theory can successfully explain law's legitimacy. If no consensus rules would not be viable; Finally I stated the necessity of translating consensus into law and the underlying causes which affected consensus. In part III, I brief analyzed the other theory of legal origin. The theory of "will of the ruling class" dominated our legal process, so it will hinder the establishment of "the rule by law". Final I summarized entire contents. I find that our country' standardization system is incompatible with consensus. I drew a conclusion that consensus is the base of law.