Towards The Poetic Justice Of The Law

Western legal concept, the development of the legal concept of justice tends to become a rigorous scientific, legal requirements tend to seek legal objectivity of knowledge, however, there may be legal objectivity of knowledge in the scientific rational language within it? Modern crisis law in the search for truth hard in pursuit of legal release from the historical carried from the powerful aura, precise legal, objective seems to explore modern society since the Middle Ages met with the greatest difficulty. Despite its legal positivism scientific way of thinking to provide for the study of the law valid path, but as an object of legal science was moving away from the people of the meaning of life care, and people and their emotional life as the world has gradually been scientific and objective sense eroded, leading to lack of humanity. At the same time, Western legal concept, the concept of justice have not been equally concerned and their emotional awareness, theological aspects of life, political ideology tends coerced, natural law, natural law and so new, but simply rely on some "Big Words" Construction of the people as a means to achieve a social ideal. Both of which it is difficult to make justice more fully realized by the law. American "law and literature" genre scholars Nussbaum proposes poetic justice to the concept of the crisis.Thus the problem of view, interdisciplinary research article tentatively by law and literature, ethics and philosophy of phenomenology, to elucidate a kind of "poetic justice" concept. In addition to the introduction and conclusion of this article is divided into four parts: Introduction brief description of the purpose and scope of the article, and has the theoretical significance, practical significance and innovation.The first part of the two novels, text analysis, leads to law and justice are not always faction "enjoyable" scenario, the "pass laws lead to injustice" and "did not pass the law to achieve justice" between the two embarrassing situation, noting this situation is due to the formation of legal alienation. Thus lead Nussbaum’s conception for legal alienation, justice dilemma Solutions- Poetic justice.The second part shows the law school of economics and Nussbaum’s conception of justice clash, and that the Nussbaum "in legal literature" or generalized "law and literature" poetic justice approach conceptual level is correct, the author agree, but there are some flaws, the law can not alienation in depth and breadth, justice can not answer questions with more adequate.The third part of the theory by means of the field of ethics and philosophy of phenomenology from relatively deeper, broader scope to strengthen, complement Poetic Theory of Justice. Part IV discusses the poetic justice has a double meaning of theory and practice.Epilogue affirms the possibility of poetic justice on the one hand, the other hand, reflect on their own shortcomings.