The Rebirth Of Leviathan

The current study of jurisprudence lacks problem consciousness that we couldcall this phenomenon Western Theory in China. In historical perspective, it is thecontinuation of western impact on China since1840. Times change, however, Chinahas undergone a great development in last decades and it’s time to change theself-unconsciousness in jurisprudence study. The author argue that the reason whyjurisprudence lacks problem consciousness is that research people forget their nationalstandpoint. First, this thesis points that the concept of nation has several meanings,and the popular idea of nation----national state, which is an European idea and theimagination of state of Euro, is not a traditional idea in China. The competitionhistory of European national state indicates that competition is the fundamental thesisof international relationship and Chinese people should never forget it. The authorsupports that it is the ideology, namely liberalism, which makes researchers lose theirself consciousness. The thesis focuses on the concept of sovereignty and proves thatliberalism distorts the full meaning of sovereignty. By using the theory of Germanjurist Carl Schmitt and facts of international politics in the world, the author shows theobjectiveness of competition of national states. Meanwhile, the system of law includesthe distinction of friend and enemy, which is the concept of politics of Carl Schmitt,and it clearly shows the mistake of liberalism understanding of politics. In the end, thequestion of world outlook or methodology attacks on the liberal mind, and points outthe paradox of the thought of Chinese liberal.