Dissertation > Excellent graduate degree dissertation topics show

Subjectivity of Rule of Law

Author: ShiAn
Tutor: SuXiaoHong
School: East China University of Political Science
Course: Legal Theory
Keywords: rule of law governance model autonomy subjectivity
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
Read: Download Dissertation

Abstract

Rule of law acts as the governance model in human society and its specific content is spontaneously formed or actively chosen by human beings in a certain society based on his social production activities and life practice under specific circumstances. Firstly, rule of law, apart from its role of governance model, lacks inherent and objective standard and type. Until now rule of law has always been a concern of domestic law and is featured by territoriality. Consequently, the specific content of rule of law for a nation or a country is ever changing rather than invariability. More specifically, its content and operation mechanism are affected by various factors (such as traditional culture, economic system, political system, etc.). Secondly, rule of law, as the governance model, falls into the rational endeavor for system design, where human has been conducting such system design by summarizing their society governance experience with the purpose of rational construction of social order. Thirdly, rule of law, as the governance model, is an ideal state for human society and theoretical assumption towards individual and human society functions as the basis. As to the operation of rule of law, it requires idealized individuals and social environment and the ultimate purpose is to build an ideal society.Furthermore, rule of law reflects the results of human practice with its deep root in human’s need for self-actualization. First of all, the basis of rule of law lies in individual understanding of self-realization. Rule of law is the result of not only the realization of human subjectivity but also the objective necessity for sustaining human subjectivity, specifically it origins from human’s individuality nature and social attribute. Secondly, the implementation of rule of law is the result of human subjective action, including which the economic action is the essential driving force, political action the direct driving force and daily action the specific driving force.Although rule of law is the product of human practice and the result of increasing actualization and objectification of human nature, it is the same as all civilization forms created by human beings. Once rule of law comes into being it is endowed with objective nature. Therefore, rule of law shows its existence as human’s perception object ab initio. In the first place, rule of law can be perceived by human subjectively in the form of experiencing, cognizing and evaluating. In the second place, rule of law presents itself by means of the comparison between different times, various regions as well as reality & ideal. Generally, the subjectivity attribute of rule of law, with its root in the role of social order, is the conscious or unconscious creation by human. As a result, human subjectivity surrounds rule of law to the extent as other creations by human. On the other hand, rule of law characterized by human subjectivity serves as the solid evidence for human as the subject in government under law.

Subjectivity of Rule of Law

Abstract

Related Dissertations