The Limitations Of Mirror Thesis

On the so-called law of mirror thesis, which is the traditional Western legal theory in a popular view that the law is like a mirror reflecting the social life, whose mission is to maintain social order.Some Western jurists of this popular view put forward criticism, pointing out that the view is not entirely correct to express the relationship between law and society, in other words, the mirror thesis has its considerable limitations. This article discusses the limitations of the mirror thesis, pointing out that many of the performance limitations of Proposition prove the law is not always a mirror, the role of the law to maintain social order of society is not always possible.At first, this paper combing the formation of mirror thesis origin and basic content, main investigation in western classical law theory, the Marxist theory of law and the contemporary law theory in the formation process of the mirror thesis; Second, discusses the limitations of mirror thesis, and the globalization of law from the practice of legal transplant the reality of the development of these two aspects, points out its limitations; Finally, the limitation of the reflection mirror thesis of legal transplantation and globalization brought about by the disadvantages and hidden dangers, some opinions are put forward. Through the discussion of limitations of mirror thesis, law and social relationship is out of the mirror thesis, as described by law does not always reflect the society, in other words, the law as a mirror of the society claims there is a big flaw. In addition, the law plays a role of maintaining the social order is also questionable.All this discussion, this paper proved that mirror thesis has its considerable limitations,To a certain extent, this broke in legal theory is regarded as correct judgment of traditional knowledge. But this is not to deny its legitimacy, because in fact, the law may often be a mirror of society, and often plays a role in maintaining social order. Discusses its limitations, it questioned and criticized, because, in many cases this proposition in the real world is really difficult to set up:the law does not reflect society, this phenomenon is often present; the law is not always in maintaining social order, It is entirely possible that disrupt public order, besides the maintenance of social order is not always legal. These studies are intended to provide legal and enrich our understanding of the relationship between law and society and thus deepen the understanding and awareness of the rule of law.