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On Happiness of Law

Author: YangXueKe
Tutor: ZhengWenLong
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Happiness Morality Community The Ultimate Value Public Sphere Life-World The Man of Happiness Happiness of Rule of Law
CLC: D90-052
Type: Master's thesis
Year: 2012
Downloads: 25
Quote: 0
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Abstract


The whole history of western legal ideology is a history of the pursuit of happiness.During the unending pursuit of what the law is, the question that how people can constructlaw to show and promote happiness became the question many thinkers most wanted to solve.When relating law to happiness, it is crucial to sort out the historical change of people’sattitude towards happiness in the western legal system. The law should be serious aboutcommunity in order to form multiple community and integrate the double meanings ofhappiness by returning to the source of happiness and morality.The law takes human being as its logical beginning, and happiness is regarded aspeople’s ultimate and eternal pursuit. Law should focus on the above idea. Because of theindistinct concept of happiness, the shrink of public sphere of civilization, and the multiplicityof people’s values, modern legal value is lack of happiness. The ultimate value of happinessshould be taken as the ultimate value of law, because happiness can not be replaced by itslegal substitute.Life-world is the world centered by people and their life. In fact, it is the idea of goodand happy life. The law, based on people’s life-world, can manifest the value of happiness byforming the man of happiness image in the law. The man of happiness image is a generalhypothesis, which is the reflection of the man of happiness in series of laws. It contains plentymeanings under the negative frame of the constitutional structure, and has wide potentialdevelopment.From the meaning of "ought to be", the rule of law is the guarantee of happiness, andhappiness ought to be the meaning of rule of law. In the real sense, the forming of happinessindex of rule of law could let happiness judge the effect of rule of the law, and the right ofexplaining happiness can give back to citizens. Thus, happiness of rule of law should be thenew thought of our country’s executing rule of law. People’s happiness should be the standard of law, and their rights to pursue happiness should be guaranteed.

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CLC: > Political, legal > Legal > Theory of law (Law) > Law and other disciplines > Sociology of Law
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