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The Rise Of The Merchant Class Construct Of Law And Order

Posted on:2008-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:X GeFull Text:PDF
GTID:2206360245959923Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The formation of modern western rule of law, to a very large extent, is due to the motivation of the merchant class. Meanwhile, the rule of law in the merchant class also provides a system security, the two are mutually complementary. The businessmen class breaks out after a long history of breeding and strives for a political recognition, which results in the birth of a series of rational law including commercial law, and becomes the western dominant social norms. At the beginning, these laws were enacted only for safeguarding the interests of businessmen, but the spirit of the rule of law radiates to the whole of society and the rule of law order inadvertently makes achievements. In contrast, the businessmen in China lives in the margins of society and do not get the political recognition, and the rational rules they believe should not become the mainstream of society values, not to mention the special legal protection of the law, so it is only natural that China does not produce the rule of law in the West. The construction of the rule of law in order needs the businessmen awareness established within the whole society, which matches the spirit of faith required by rational law; and also needs the assist of "the limited government", "individualism" and the corresponding social mechanism and the values, which constitutes the rule of law order in the external environment. Furthermore, all of these also provide the businessmen with the system protection and behavior guidelines to make them give full play to the positive promotion of the rule of law in order.
Keywords/Search Tags:Businessmen class, Businessmen spirit, Economic analysis, Rational law, the rule of law in order
PDF Full Text Request
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