Beyond The Law: The Reflection On The Legal Path Of Development

The research is based on the reconsidering of the law.This kind of reconsidering is the initiative and self-conscious reconsidering. The article thought at present we follow the development of western law, which is easy to lose ourselives under the magnificent of western law , lacking oue reconsidering ability. Therefore the article ventures to analyses the development path of law, these thinkings has the form of thought fragment.First the article begins from two typical documents, the Socrates Death and is Wu Jingxiong's converting Christianity . Expanding from these two cases, we worried about the development path of law. We want to know what strength this can cause the legal person to give up the life and his pursue of career?In order to discuss the above question, secondly the article obtains from the legal- rationality, thought the legal-rationality constructs only the material system of law.Its achievement cannot be denied, but as a result of inherent insufficiency of the rationality, the excessively expansion of legal-rationality will cause the law step onto the rigidity path which the flexibility will be insufficient, even possibly will cause one kind of rational violence. Therefore the article examines a sample– the law economics. Although the rationality brings the contribution for the law economics development, but the rational concept also must be carried on the fining, forming a new rational choice theory. Through the legal rational elaboration, the second chapter finally thought we must suitably leave from the rational rule, and look after the human nature and the will of the people ,such law can obtain people's approval and the respect.As the Chinese creature- the belief of law, is mistaken of the legal words which looks after the human nature and the will of the people, obtains the enormous promotion. The article believed that the belief of law does not look after the will of the people and human nature, but stem from the need of the law construction. The belief of law's foundation is pan-lawism, it has six big paradoxes, therefore it cannot be proved, the law cannot withstanding the heavy. In order to realize the concerming to the human nature and will of the people, this article proposed one kind of vicarious measure which is the value of law and personalization of law.These two things could be helpful to us to seek one positive way to look after the human nature and the will of the people.Simultaneously the article summarizes the develop path of the western law.The author believes that the edge legal science is the exterior exchanges between the legal science and other social sciences.The comprehensive legal science is the internal exchange of legal science.The development path of western law experienced from the exterior seeking the theory of law to the interior seeking the theory of law, finally moved towards the synthesis path. The article believed that the summary of development path is advantageous to China. The law will not be in the edge as a result of the development of the edge legal science and the synthesis legal science. On the contrast the law will step onto the more prosperous development path.Finally is the enlightenment which the article obtains. In oeder to obtain a bigger spatial for the law's development and progress, we must surmount the legal existing narrow field of vision, surmounting the existing development way, seeking the way which can effectively develop. The main way is converted to "the principle of the law is outside the law". Certainly that the article does not want to deny the rationality of seeking the theory of law from interior. And it does not negative law itself. The goal of the article lies in the positive seeking and attempt.