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英国paper代写-The authority of law

2018-06-14 | 来源:51due教员组 | 类别:Paper代写范文

下面为大家整理一篇优秀的paper代写范文- The authority of law,供大家参考学习,这篇论文讨论了法律权威。法治致力于增进人的幸福,幸福生活乃是人民大众把法律权威内化于心的终极目标。法律权威能否内化于心,不是取决于外在权力的强度,而是取决于服从者的接受意愿,人民大众的认同接受乃是法律权威内化于心的关键。人们在日常生活中对法律权威的自愿服从是其内化于心的外在体现。法律权威内化于心的最为根本的基础条件即存在能够获得人们自愿选择的自律性的法律。

The authority of law,法律权威,论文代写,essay代写,paper代写

The characteristic of "freedom" and "consciousness" in human life activities means that the value of human life existence is realized and improved through creative activities. It is also in the process of "free" and "conscious" activities that people form a common connection and influence with each other, resulting in complex network relations and structures, that is, human society. Human existence and development have formed various social forms, and any social form is temporary in a certain sense, and human life is eternal. The need of life has given rise to a particular society, which is the way of life and serves it. Society is only a necessary condition of life, and the meaning and quality of life itself is the purpose of life. The ultimate measure of the meaning and quality of life itself is happiness, and the ultimate goal of human life is the pursuit of happiness. "Life and happiness are one thing. All pursuit, at least all sound pursuit, is the pursuit of happiness. Happy life is the purpose and value of people's life activities. As Engels said, everyone's pursuit of happiness is an unarguable and irrefutable principle.

The supreme requirement of justice is that reasonable sentient beings should not live in the state of nature, but in the state of law. "If you want to let freedom one can coexist in the contacts and exchanges and promote each other, rather than hinder the development of each other, each other only by accepting an invisible line can achieve. In this limit, each individual's existence and function can obtain a safe and free space. The rule that determines the boundary and the space defined by it is the law. And law of inner moral correspond to human happiness life the theme, it in order to realize the essence of the legal principle to convert the value of justice, the concern is always the rule by law under the governance form the social order of justice. Human happiness cannot be separated from the continuous existence and development of human society, nor can it be separated from the orderly living state formed by people based on law. In the context of modernization of national governance, the best way to realize this orderly life is rule of law.

Rule of law is so far the human to be able to realize that the best way of governing, but we can't just put the rule of law as a way of governance, and should put it as a basic "modern way of life", it is like the air people breathe of gestures, like ordinary people, like the ubiquitous space, often invisible to dissolve in the life intravenous drip. Law is the rule of human life and the basis for rational people to pursue an orderly life. Inspection after the survival of human society for thousands of years practice, the law is to maintain orderly life important specification, the rule of law is the best way of social governance, the rule of law civilization is an important part of human civilization. The history of law development shows that law is the crystallization of human's practice of seeking good and the product of human practical reason. Rational construction of law is based on human practice, embraced and belief in the rule of law, it is derived from the law for man's ultimate concern, derived from the respect of the law of people's free will, from law to human's survival and development of full protection of the rights derived from the law of dispute through constant check to seek happiness of human life. As a way of life, the rule of law is based on the practical rationality of law, which completely surpasses people's secular utility calculation, and its ultimate concern is the happiness of human life.

The rule of law is a way of life in which legal authority is internalized. As a way of life, rule of law, the key to its realization is not to perfect the legal system, but to internalize the legal authority. As Rousseau said, rules are nothing more than the arch of the vault, and only the fashion of slow birth finally constitutes the unmovable keystone of the vault. If people do not internalize the legal authority, the society will not be able to form the rule of law fashion, and the rule of law can only be water without a source. Legal authority internalized in the mind not only requires people to obey the law and even "consumption" in form of law, more people were asked to put the rule of law as a way of thinking, thinking the rule of law spirit as a life attitude, sincerely uphold the law and the rule of law faith. Only when legal authority is internalized in people's mind and then externalized in People's Daily behaviors can the rule of law have strong vitality. People obey the authority of the law not because the law has external force, but because they have tasted the love and protection of the rule of law in their daily life. It was also because in real life people's rights and freedoms can be fully effective guarantee mechanism of rule of law, the rule of law to gain the trust of the people and gradually into their bloodstream, etched into their heart, deeply embedded in their life world, and to become their way of life. So when facing the law, the people will like "heard the law, as if to hear the voice of god", so that the people "can't listen to them," because people believed that "my decision is right". Only by internalizing legal authority can people consciously follow the spirit of the rule of law and pursue a happy life freely.

Authority is a social phenomenon that appears with the emergence of the society. As long as the society on which people depend exists, authority will not disappear. "In any society there are always people and rules that people must obey on certain occasions. These people are the authorities, and these rules are the law. Rules become laws because they have been granted authority through recognized procedures. Review of two thousand years of Chinese imperial history, it is dependent on coupling together with imperial power as the core of the unified power structure and legal authority in the framework of six age three cardinal guides, to integrate the society, to maintain order. The middle of the 19th century, in the face of the impact of the modern western civilization, the authority of the traditional framework constantly shake or even collapse, causing social long-term integration, so warlords, local lords and their families fission. It was not until after the founding of new China that the communist party of China took as its new authority the revolutionary ideology and extraordinary leaders that could effectively unite individuals and mobilize the people as its new authority that the society was once again integrated. The present Chinese society, has become an irreversible trend of the development of marketization and pluralism, the combination of traditional absolute power and the institutional authority has been difficult to govern increasingly complicated social situation. Obviously, now to ensure that the integration of social transformation, realize the effective social management, we need a more real inner identity of the people and voluntarily and consciously follow authority to coordinate multiple conflicts of interest, the moment this is only a legal authority. For, "in the modern world, law became the principal means of social control." The key to effective governance in contemporary society is to implement the rule of law, and the core of the rule of law is to establish the supreme authority of law.

Authority is an organic combination of power and prestige. Neither power nor prestige alone can generate authority. As a special form of authority, legal authority also contains external mandatory "power" and internal persuasive "prestige", which is an organic combination of "force" and "principle". Legal authority can't do without the "force" that requires people to obey the law. This "force" for the behavior of the official agencies and officials are legal constraints and limits, individual citizens and other private subject abide by and obey the law, request the law itself has the supreme status in numerous social norms. "When the law loses its power, everything is in despair; As long as the law is no longer strong, nothing legitimate will be strong. There can be no authority in law if it does not have enough power and high status to make people obey. However, if the power of law itself is not justified, it is bound to be arbitrary and arbitrary "violence". Regardless of whether they are forcing people to obey the "force" or "obey" on legal authority behavior itself, the authority of law is just the external facts of appearance, it is not the internal essence of legal authority. Therefore, the formation of legal authority cannot be separated from the legitimate "reason" of persuasive nature. As raz has said, the claim of legitimacy and authority is an essential feature of law. However, the legal authority contains the "legitimacy" or "legitimacy" of "reason", which is obviously a difficult problem in the legal field. In fact, no matter what standards are adopted, legal authority is ultimately related to people's psychological attitude towards law. "From the essence of the authority and the authority as a condition of a command and subordination relationship could see, the authority of a specification influence, does not depend on the specification of attribute, but is the people to the body of the specification selectivity. People's collective obedience can make those norms that do not have a strong nature have the authority influence similar to legal norms, and make the constraints of these norms become the power of institutionalization. And collective disobedience can also lose the legal norm should have strong authority, such as' FaBuZeZhong as people evade legal authority constraints, the basic attitude is the psychological drive corrupt rule of law order." It can be seen that the authority of law does not depend on the strength of external power, but on the willingness of the subject to accept it. Once people make a positive evaluation of the law, respect, recognition and even voluntary obedience will come into being. The authority of law comes from the people's inner support and sincere belief. People's inner support of the authority of law and a sincere faith, derived from the law value system of identification, derived from the behind of the rule of law order, happy life yearning for the world, from people's social life regularity or truth. It is in this sense, the authority of law can have, was able to get people's approval and submission, the key because it itself contains a certain objective as the standard, because it "can rediscover its universal truths about life purpose, and the correlation between".

The objective inevitability of legal authority comes from people's real life world. The theory of "living world" is an academic discourse that has attracted much attention in philosophy since the beginning of the 20th century. He believes that the world of life is a cultural world in which people experience their daily life directly, and it is a "pre-given world". "Living world" is the meaning construction of the transcendental subjectivity in itself, the product of interactive subjectivity, including the category of daily life. After husserl, although other philosophers of the content and the composing of the life world view has the thought Angle, research interest are obviously different, but basically all is only from one aspect of husserl's theory to supplement and development. As the life world theory, habermas on the rational thinking of modern social transformation of phenomenology, in the process of the life world theory is introduced into People's Daily life skills, from three aspects: cultural, social and personal realm deeply reflect the era of life to interpret the connotation of theory of life world. On the cultural level, the life world is the vertical inheritance and integration of cultural tradition and cultural consciousness. At the social level, the life world is the horizontal association of social organizations. At the individual level, the life world is everyone's self-experience and social consciousness, as well as the way of life and living environment that is understood and recognized by individuals. Based on this, habermas analyzes "the colonization of life world" under the condition of modern crisis situation, modern society because the social system in the field of political and economic control and interference to the life world, not only caused the social system and life world of conflict and fracture, the power in the social system and capital also block the overall development of the social order and individual socialization. In habermas's opinion, to get rid of this predicament of "colonization", the living world must have the rationalization of communicative behavior, and then condense into a reasonable way of life. In addition, the study on the daily life world by the representative of western marxist theory, Lev feyver, is also representative. Column aspects.lefebvre claims placed in daily life in a separate from the economic and political is more important than the production of dominant position, think economic foundation and superstructure of Marx's thought is based on daily life trivial, social relations generated in daily life. Despite the many scholars' understanding of the life world is not the same, but one thing is beyond doubt, that is the life world is their human and social development of a common sight, life world especially in the daily life world constitutes the basis of a field of social development. As an important part of social development, the development of law and the rule of law should be based on People's Daily life. Law is not only a science, but also an expression of life. The rule of law not only means the system norm and the pursuit of order, but also contains the ultimate care for people. The rule of law in any sense is not only the formal rule of law in the system and its operation level, but also the substantive rule of law that contains value norms and spiritual concepts. This kind of substantive rule of law is bound up with the real life that people pursue the meaning of a certain life in a certain time and space. Actually, in any form or substance of the rule of law, rule of law "is fundamentally a way of caring for the human, is a human nature in a dynamic balance of freedom and order in the pursuit of a way of life". In the process of rule of law, people's support and obedience to the legal authority come from their belief in the orderly and happy life process behind the legal rules. From the heart and can win people to support and sincere belief of law are bound to rules and technology behind the life as the source of its vitality, the human life world as a foundation, to the true meaning of life as a basic principle.

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