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Unger’s View Of The Rule Of Law

Posted on:2013-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2246330374960034Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In accordance with the development of theory, Unger’s view of the rule of law divided into two stages. At an early time, Unger’s legal concepts based on criticizing liberalism, while his rule of law based on "super liberal" political theory. His primary legal concepts thought that liberalism had obeyed its original concept with the development of liberalism. It was full of irreconcilable theory paradox--rules and value, which went against each other; The rule of law is not the inevitable byproducts of social development, but the occasional one of political competition which has lost its primary function; The four basic properties of the rule of law were relieved gradually under the "welfare-cooperation state, and it will face collapse. However, his latter view thought that the rule of law can be founded through combing law and other social factors. Specifically, the rule of law can be reshaped by respecting the original value of freedom and revolting the present rights and power system and the way of ratiocinating. In the process of reform, the public can get the most political and personal freedom and society are in order. The change of his point was not the result of random, but the choice of knowledge, real factors and political. His view did not turn post-modern and the normal liberalism which was mainly influenced by super theory. One of the characteristics of his theory admitted the existence of structural framework, while other hoped to surpass he structural framework which were the reason why super theory can’t surpass its hard situation. In a word, his early concept has deep influence,but it was extreme and one-sided; while the latter the was overall and creativity, but it had internal contradiction with the early one.
Keywords/Search Tags:Unger, the rule of law legal criticism, liberalism, "superliberalism"
PDF Full Text Request
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