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Perspective Of Social Capital British Evolutionary Causes, Of The Rational Model Of The Rule Of Law

Posted on:2010-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Y SunFull Text:PDF
GTID:2206360275992849Subject:Legal history
Abstract/Summary:PDF Full Text Request
The rule of law is the product of society,it can't be designed by an individual or a specific interest groups deliberately,it is the result of all kinds of social relations repeated game,mutual checks and balances which go with the natural evolution of society. The social capital as a theory of non-institutionalized,it cantains universial nature of trust,citizens'participation in the network community and mutually benefiting regulations as the important elements.Like liubricants,good social capital can promote the formation of the universal nature of trust and cooperation between members in society,reduce the cost of social interaction,improve the govermental efficienc in democratic governance and the rule of law. It can provide the necessary ethical values support and social integration for complex pluralistic society.Furthermore,this is good for the formation of the spontaneous order.In the early period of feudal society,England had gestated the good social capital, such as the cultural foundation of compromise and cooperation,compact spirit and the traditional of self-governmental association etc, In early morden,England had established rule of law originally,it made the personal private property and freedom of contract can be safeguarded and protected. Facts indicate that, It is precisely because of possession of good social capital, that makes the modern pattern of rule of law can be established in the United Kingdom early in the 18th century.China is in a period of transition from the traditional to the modern time,the old deep-rooted legal tradition has a role in suppression and impaction to the transtion of the modern rule of law,this is bad for the establish of the modern rule of law. Review the chinese traditional social capital and foster good social capital will have a profound significance for the modernization of the rule of law in contemporary China.
Keywords/Search Tags:England, social capital, evolutionary rationalism, the patterns of rule of law
PDF Full Text Request
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