Out Of The Modern Rule Of Law And The Plight Of Self-reflection Type Method

This article mainly discusses the paradigm change of law to respond to the crisis of legal state. The crisis of legal state stems from difference between people's ideal of rule of law and people's capacity for realizing this ideal which is represented as one contradiction between liberalism and republicanism, and as another contradiction between pharisaism and essentialism at the level of law technique. Postmodern society which acts as an exterior cause aggravates the difficult position of modern law. The article analyzes the crisis of modern law from two aspects of postmodern society such as post-bureaucracy society and intellectual society.How to respond to crisis and resolve problem? The article constructs the theory of new paradigm of reflexive law which contains the form of democracy, the content of human rights, the pattern of Check-and-Balance, by combing out, decomposing and recomposing the theories such as 'the hypothesis of non-law' of Jean Carbonnier, community law of Unger and proceduralist law of Harbermas. Every paradigm of law need some form of justice. Reflexive law derives its justice from phenomenology and post-philosophy culture.The significance of reference to Chinese law of reflexive law is mainly studied in the last chapter. The practice of rule of law mainly promoted by government, and the practice opening and Reform in China make reflective law have an excessive significance for China. On the other hand, the advantage of latecomer of legal system modernization, and some democratic system of China such as deliberative democracyand mass autonomy make reflexive law for reference in China become possible.