On The Practical Reason Of Law

The practical turn of Marxist philosophy began many years ago,but generally it is limited to the interpretation of philosophy,through the perspective of this basic theory to interpret other disciplines,Therefore,there are not many disciplinary theories to construct a new way of understanding practical theory,but there are also three or two bright pearls,one of which is practical law.Although the cause of the rule of law in China has made no small progress in recent years,there are still many unreasonableness.In a large way,it is a problem of the consciousness of the rule of law in the whole society.Before and even now,China's legal model is still in the path of textualism.In this mode of rule of law,the rule of law in China will inevitably continue to emphasize legal texts and legislative activities.The law is so numerous that it leads to a series of problems,such as the enactment of laws,frequent amendments,the stability of laws,the impact on authority,the destruction of laws,the unclear internal system of legal provisions,the conflicts between laws,etc.It is textualism,and even the nativist approach to the rule of law,which pays attention to local resources,is easy to enter the wrong path of the rule of law: too much emphasis is placed on the ancient Chinese legal system,with an eye on the rules of the countryside formed in some places.In fact,in the current reality of the rule of law in China,there are not only two kinds of legal ideas and practices mentioned above,local protectionism,Westernism and so on in the reality of the rule of law life plays the opposite role.Before the establishment of the school of practical law in China,there were already some jurisprudence people realized the significance of jurisprudence from the perspective of practice theory to the rule of law in China today.With the development of the times,the progress of real life,There is a growing need for a practical jurisprudence.Under this background,the Chinese school of practice practice was born,and at this opportunity,the thought of the rule of law from the perspective of practice theory was widely disseminated and developed.This article takes the important thought "practical reason" in the theory of practice as the writing center,expounds the relationship between law and practice,and makes a contribution to the cause of practicing the rule of law in China.The overall structure of this paper consists of four parts: introduction,law and practical rationality: the foundation of law,the basic characteristics of practical rationality,and the construction of the rule of law from the perspective of practical rationality.The first part is the introduction,the introduction is divided into three parts: the background and significance of the topic,the domestic and foreign research status and development trends,research methods and innovations.Using the methods of comparative analysis and logic analysis,through the interpretation of the thought of practice and the elaboration of relevant thoughts such as context theory,The relationship between dialectics and practical theory reveals the inner relationship between law and practical rationality.The second part explains the profound meaning of practice and the practical rationality of law by comparing the understanding of the connotation of "practice" and the contrast between pure reason and practical reason.The third part of this paper in three chapters respectively in the practice of law's rationality three basic traits make a detailed description: the first section through the comparison of practical theory and context theory,reveals the similarities between the two,that the law theory of context attributes;section second describes the method of purposive care the third section characteristics;through the practice of Marx's dialectics,clarify the misunderstanding to reveal the dialectic nature of rationality.The fourth part collects the full text,and reflect on the past China the process of rule of law,but also in the premise of theoretical basis of the first three under the rule of law China provides a practice of the doctrine.