Conceptual Significance of the Development of Regional Rule of Law: A Preliminary Analysis Using the Methodology of Philosophy of Law(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2014年01期
- Page:
- 57-72
- Research Field:
- Publishing date:
Info
- Title:
- Conceptual Significance of the Development of Regional Rule of Law: A Preliminary Analysis Using the Methodology of Philosophy of Law
- Author(s):
- GONG Pi-xiang
- Keywords:
- development of rule of law of the state; development of regional rule of law; unity in diversities; methodological principle of individualization
- PACS:
- -
- DOI:
- -
- Abstract:
- The advancement of regional rule of law is high on the agenda for the modernization of Chinese legal system. Basically, the notion of region refers to the following two cases: the one across different countries and the one within a country. The region in the second sense is defined as a unit based on the internal administrative hierarchy of a sovereign state or as a cluster of such units connected by close geo-relations. The region discussed in this paper is of the second type. As an integral part of the development of rule of law of a state, regional rule of law is the specific realization of rule of law in a specific area within its borders. The methodology of the regional rule of law development research is an organic hierarchical system. Since philosophy of law makes a key part of this system, we will focus on this perspective in our paper. The concept of “unity in diversity” advanced by Karl Marx can help us obtain this kind of understanding: the development of regional rule of law is a “natural historical process”, which is characterized by its internal unity and diversity as well as by a dimension of “unity in diversities”. Methodological individuation is a principle formed in the philosophical development from Hegel to the 19th century Germanic secular historicism and given a full play by Marx Weber. To adopt the method of individuation on the basis of a critical adaptation will help us discover the secrets of the development of regional rule of law. It should be noted that when tackling the development of regional rule of law from the perspective of philosophy of law, we have to: carefully deal with the relation between the collective and the individual; reveal and abstract the essential relation between the individual actions; try to discover the cause and effect of the individual actions, etc.
Last Update: 2014-01-25