Equality Of Rights And Rational Tolerance

Law and Literature becomes a new cross-disciplinary theory research appeared in North America and Britain in the recent 30 years. Law and literature are different in narrative pattern; the former adjusts social conflicts and maintains the stability of social order with abstract rules while the latter depicts the spirit of the law from the perspective of art so as to provide vivid material and starting points for legal research. The interaction and reference between Law and Literature which leads to the formation of Literature -Jurisprudence, open up much vaster space of thinking. We can make a conclusion of these literary works from the concrete historical background, although it is difficult to learn concrete knowledge of law from the literature, but it is a good way to explore the legal concept, we can explore the social view,legal concept,moral viewpoints hiding in these literary works, and expand our research vision.This paper chooses "The Merchant of Venice", one of Shakespeare's famous dramas based on legal issues as the text to analyze, to explore the pursuit of rights and constitution of a rational legal system containing tolerance and humanity. Although we can't learn some legal ideologies of Britain in the 16th century, even a little valuable historical data, the legal idea in these works is worth thinking and can provide some references for us us. This paper is consist of 4 parts. The first part examines the drama's legal and cultural background. It presents an analysis from the social mainstream thought in that time, the author's ideas, discovery of humanity during Renaissance, self-awareness of humankind and the influence of humanism on social politics, law, literature and human's thought. Thus the author's humanism inclination is explained. Western Renaissance is a renaissance of ideology and culture also is a development of modern rule of law, which gestates and calls human rights liberation and humanity. Humanism is the major content of the renaissance, as a progressive ideology at that time, which has a great influence on the mode of thinking over the whole society and the development of culture. Humanist advocates people oriented, literates human nature, promotes man's free development and human dignity is supreme. Literature is a record of spirit of the times. Litterateurs consider problems from unique perspective, thoughts based on the specific historical environment, starting with the social life, writes out a better understanding of picture of society, and exact expresses dominant ideology.The second part analyses humanism's avocation for rationalism. The law is the product of rationality and the incarnation of justice. So long as people obey the established rules, they are understandingly demanding equal treatment by law. Right is the value judgment of factual relation, a just interest, but, is not to say if you claim, you will be right, will be satisfied. In social life, the definition of rights and duties among the subjects of legal relation, combines the freedom of social member with the corresponding behavioral burden, so as to coordinate social contradiction, maintain social harmony, make the social life in orderly state. As to the legal right, the right is the interests protected by law, however, some interests are not rights, the interest which recognized and guaranteed by law are real right. The Jewish character Shylock, with his ethnic traditions on highlighting the faith in law, pursues equal treatment of entitlements from human dignity. He attaches great importance to his individual interest and existential value, takes his rights as born with,inviolable just requirements, he is equal with Nazarenes on the essence of human beings, now that ,everyone enjoy equal rights, so the law in reflections of Venice should treat him equally. The paper examines origins of conflicts and the emergence of a revenge idea, but Shylock's unreasonable requirements conflict with the prevailing social values standard. 16th century, the prevalence of humanist thinking of law led universal ethical and moral norms to become the evaluation criteria. The debate of both parties in the courts in the play highlights the conflict of law and benevolence.In the third part of the paper, the author analyses the role of the law and how it can be combined with other methods to produce a better solution to the conflict. What is more, it is necessary to measure from the perspective of equitable discretion to avoid the rigidity of the law and to achieve real justice from the spiritual level of law. Law and moral play their role in their own scope, harmonizing with each another when conflict in order to achieve perfect status. The law finds a balance between fair and humanity, blends with human feelings, makes public life in perfect regulations, realizes the efficiency of law, and sets up a good order of society. Order is naturally needed by human. It is significant to analyze the stability of law, because it means a lot to the establishment of the safe order. As a standard which maintains the public order and restrains people's behavior, people deliver their rights to the state, to establish a contract and constrain their own rights and duties. It is necessary to restraint human free right. The law to be obeyed is very important to the construction of state legal system; which is also an important criterion to test the level of the rule of law; the reason for abiding the law provides theoretical foundation for citizens.The fourth Part discusses the practice of law combined with the human rationalism, law logos are the spirit of law of human feelings, and so is the spirit of law. Rationality is the soul of the law,the essence of law, violating rationality is to violate law. Everyone has rationality; people are seeking a better life and more civilized order with the progress and development of human. The rational development of the principle of legitimate laws regulates people's behavior. The proper law is people-oriented, which embraces ideological tolerance, and provide a sound legal support for the implementation of the law. Laws are not only the product of rationality, but also a product of the combination of law and human. Combined with the human, moral, ethical, the laws will exert the efficacy and build a fair and harmonious social order.This paper, based on text analysis, chooses a legal literature script to examine the legal idea from the law and literature and explores the spiritual dimensions of the concept of fairness and justice. The full text analyses the origin of the character Shylock tragic issue, the debate on the court and educes the reasonableness and legitimacy of pursuing rights. The exertion of rights answers for the universal and normal ethical criterion, in line with the social rules of law. The law, as a means of adjustment, is not just a system of a cold or provision. It is necessary to combine with other adjective means to achieve the best result. It must reflect the thinking of people, embody warmth. Meanwhile, the constitution of rational laws must start from the people, together with the idea of tolerance.