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Review And Reflection

Posted on:2012-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2216330338459310Subject:Legal theory
Abstract/Summary:PDF Full Text Request
From 1978, Chinese jurisprudential profession has ggone through 32 years, it has got remarkable achievements. Seeing the results, we still find some problems which Many domestic scholars deal with. Mr. Deng Zhenglai presents a representative view. He ordered us to put those issues that we know to review. The rule of law is one of those issue. In 1979, debate of "the rule of man and the rule of law", was the biggest problems in Chinese jurisprudential profession. We must agree that the problem fade out. The "living fossil" of the discussion is still there, Plato Question is a perfect example. The most unusual thing is that for 32 years, Plato's thinking of law must first answer the question: whether Plato is "rule of man" or "rule of law."This study aims to exclude a vague impression, looking for clear notions. Only to think clearly, we are able to find their own tradition of research, looking for current and possible future directions. This process also provides a method. The introduction of the classical thinkers, Plato is one of classical thinkers. We can clear vague impression of Plato, we can also deal with the other classical thinkers of the study. The paper wanted to from a particular view, in order to arouse a kind of academic self-awareness and let people know why these scholars fight.Paper is divided into four parts, the first part of the research material and methodology proposed in the study material, the author identified a range of research materials, sources, search and selection criteria. Methodology, the author does not adopt the style of type history of philosophy, that the discussion of the former system of critical thinking assessment, and that should be created to explore the background of the era in which the decisive influence. The driving force in the movement of ideas, the author thought the tradition of emphasis on a particular focus on the academic theory of law within the Community, for the external influences are not discussed.1979, the second part of that, "rule of man" and the "rule of law," the great debate, in order to satisfy the rule of law is justice and good that proposition. Legal scholars have a different perspective to explain Plato. The results of this discussion is to establish the mainstream of the Platonic "rule of man" theory, certainly the "rule of man" and "rule of law" dual history of the struggle. This is also confirmed from the side "rule by man" there, "the rule of law" is always in a state of instability.Plato, the third part, "transition theory" and its emergence and Plato "rule of man theory" of cohabitation, to try to alleviate the plight of the divisions of knowledge. "Transition theory" appears to establish a "rule of man" to "rule of law" progress history. Plato's eschatological nature of this study but has led to "rule of law" eschatology, in fact declared the end of law on the theory and technology of prosperity. Finally, analysis of Plato's "transformation theory" and Plato's "Rule by Law" with each other critics pointed out that Plato's "transformation theory" to not actually achieve the results they seek, many scholars support straight to Plato " rule of law ".Since from 2000, but split intensified the situation presented, and analyze the causes and the underlying difficulties. At the same time the rule of law on the theory of what Plato has different opinions, many scholars have put forth fresh insights. Last part of the paper through the paper points out a possible future split completely resolved. I raised this possibility along the works of Plato, "Minos" interpretation. Hope that this interpretation of Plato for the future of China's legal theory has significance.
Keywords/Search Tags:Jurisprudence, Plato, Rule Of Man, Rule Of Law
PDF Full Text Request
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