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Conflict And Choice Of Legal Value

Posted on:2019-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:M H LiFull Text:PDF
GTID:2416330545976194Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The content of the philosophical concept of "value" is mainly to express a universal relationship in human life,that is,the sense of existence,attributes and changes to the subject of human.The key to realizing value objective is the convergence of value choice between subject and object.The law value represents the original objective of law when it was created,and it is the direction of the choice of the subject and object value of the law,and it is also the destination of the ultimate objective when it was created.In contemporary law circle,scholars generally believe that the law value mainly includes four values:order,freedom,equality and justice.However,we should not ignore that because of the constant changing of social environment and the nature of the law,the adjusted objective of the law is different in terms of the choice of the law value content,which leads to the conflict between the law values.It is not difficult to find from the history of the development of law that the conflict between law values has always been accompanied by the emergence,development and extinction of law.Such conflicts are brought about by both the subjective factors caused by social subjects,but also the objective factors of social development.In today' s law circle,for the research of the conflict of law values,the author mainly explores the conflict between different values and the conflict in the single value contents.When studying the conflict of law values,this paper takes "ban on motors" in Shenzhen as the analysis sample,and takes the conflict between freedom and order,public interest and personal interest,order and justice,and other value contents as the object of study,combs the conflict content and explores the reason of value conflict caused by "ban on motors",and puts forward the reasonable and feasible value choice opinions according to the causes of value conflict.
Keywords/Search Tags:law value, conflict of law values, choice of law values, "ban on motors"
PDF Full Text Request
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