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Conflict and Resolution of Juristical Values between Freedom and Order

Author: AnYiWen
Tutor: LiDaoJun
School: Shandong University
Course: Legal
Keywords: Value Freedom Order Conflict Resolution
CLC: D90
Type: Master's thesis
Year: 2008
Downloads: 516
Quote: 2
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Abstract

This paper is made up of the introduction, text and epilogue.Introduction of this paper discusses the background and significance of the topics, purposes of writing papers and ideas and structures demonstration.The text includes four chapters.Chapter 1 introduces the conception of value and the juristical value. The value is a Philosophical terms, which refers to the how much useful the social objective is. That the value is applied to the juristical realm can be summed up as what the law is and what the law should be, that is, the usefulness of legal system, the legal system for people, as well as the constant improvement and pursuit of people for the perfect legal system and legal system. Then it introduces the conception of the freedom and the order in law. As the basic juristical value, the freedom means that people have the rights to act in accordance with their own will or ideological choice, in the life of society in the extent permitted by law or under the protection of the law. The order refers to the external environment which mankind is necessary to the survival and development. And as a fundamental value it is a bond linking to other fundamental values. Because the freedom emphasizes that the people’s initiative and order emphasizes that the external environment of stability, security, there will be inevitable conflict between the freedom and order as the value of law in the life of society.Chapter 2 describes the exhibition of the conflict of juristical value between the freedom and the order. In social life, the conflict between freedom and order are varied, mainly reflects economic freedom, political freedom and freedom of ideological and cultural clash with the order. In the economic realm, the most typical conflict is in the planned economy and order of the market economy. Because the decision is the only form to control all aspects of the operation, this will inhibit the free, and ultimately impede social development. The market economy in particular is the traditional market economy which emphasized that the absolutely freedoms, such as freedom of contract, against all kinds of restrictions on freedom, so it will inevitably lead to the confusion of society, so that the freedom will lose the feeding soil. In the political sphere and the ideological and cultural fields, the conflict between freedom of expression and order is the most typical. How to regulate the content and the form of expression is the typical conflict in the realms.Chapter 3 analyses the causes of conflict between the law of freedom and order. From the main social level, the main community, as well as the diversity of a multi-level nature of the above-mentioned value is the main cause of conflict. From a social perspective, the extensive of social life and complicated trip are the social causes of conflict. The cultural differences of social main body and their respective natural environment, such as climate and geographical environment, also cause of conflict.Chapter 4 expounds the resolution of the conflict of juristical value between freedom and order, as well as the principle of resolution. From the traditional sense, the resolutions of conflict of value are principle of the balance of interests, the utilitarian principle, the value of law - and-order principles of economic analysis principles. When facing the conflict of value of the law between freedom and order, the mankind should first establish the basic principles of resolution, then under the relevant factors comprehensive evaluation to find the best way, appropriating the main value of a statutory principle, cost-effective best principle and yield greater than cost principle. At the same time, in the process of resolution should also be dealt with under the rule of law principle the relationship of the protection and restrictions of freedom by order, the relationship between power and freedom with order, as well as the relationship between law and policy.Epilogue summarizes the text and educes the conclusion.

Conflict and Resolution of Juristical Values between Freedom and Order

Abstract

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