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Rationality Of The Legal Trust

Posted on:2012-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2216330371453437Subject:Legal theory
Abstract/Summary:PDF Full Text Request
How it is possible to trust the law ? To a large extent, it needs the value of rationality by law, rational form of law and legal in the actual operation of the implementation of these three factors to decide. This is the main line of this article.The article is composed of four parts. The first part is a review to the legal trust constitutions and rationality of the legal trust .The last three parts which are the specific interpretation to the rationality of the legal trust from three perspectives .The first part is to solve two problems. First, How to analyze the internal structure of the legal trust ? This is basis for further analyzing the rationality of the legal trust. Second, through the internal composition of the legal trust investigation, then we can get three reasonable factors for legal trust : the value of the rationality of the law, the law in the form of reasonable and enforceable property of the law.The second part discusses the relationship of legal justice closely related to the legal trust . The vitality of law comes from its justice property . And only when the legal justice is combined with social justice, people will be psychologically satisfied with the legal, thereby accepting the law. At the same time, we must also note that the combination of the law justice with the social justice is limited , and therefore we must be with a rational approach to the legal justice.The third part focus on the legitimacy dimension of formal rational law to prove the possibility of legal trust . By the research of the legal form rationality of Weber's theory , then we can come to see the limitations of the traditional theory of the legal formal rationality . But to overcome the crisis of legitimacy , we can only draw the ideological paradigm of procedural law , then consensus to be achieved for the organic unity of the legal fact and legal effectiveness .The fourth part studies the issue of civil disobedience, which is the another important aspect of the law operation . The reason for a separate discussion on the special chapter, because it is different from the mechanism of the law force which commonly understood to give birth to legal trust. To disobey the law as the center, however the disobedience is limited. The essence of civil disobedience is disobedience of law which is based on the legal justice. Through the analysis of the legitimacy of civil disobedience, we believe that civil disobedience is the power of the endogenous to develop legal trust, which is not only conducive to the continuous progress of the law, but also increase awareness of the law's feelings.
Keywords/Search Tags:Legal trust, Legal value rationality, Legal formal rationality, Enforceable property of the law, Civil disobedience
PDF Full Text Request
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