Law and Law Teleology——Teleology and Tool-oriented Theory in Modern Law

SHEN Min-rong

Volume 25 Issue 3

Jun. 2021

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Article Navigation > Journal of University of Science and Technology Beijing ( Social Sciences Edition) > 2009 > 25(3): 61-69

XIONG Yuan-yi. Trend of Nihilism on History Shown in the Current Literature and Art Criticisms[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2002, 18(1): 52-55,73.

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SHEN Min-rong. Law and Law Teleology——Teleology and Tool-oriented Theory in Modern Law[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2009, 25(3): 61-69.

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Law and Law Teleology——Teleology and Tool-oriented Theory in Modern Law

SHEN Min-rong

Law School Capital University of Economic and Business, Beijing 100070, China

Received Date: 2009-08-05
Available Online: 2021-06-28

Abstract

Abstract

If one society wants to develop into a stable one ruled by law, teleology character in law must be superior to its tool character, protecting the deveopment of human being with the social development.Social development based on individual improvement is necessary to a stable and durable society.Without the end, or legal instruction having not the same end, it is impossible for the rule of law.Max's legal theory and western legal theory is the same in this point;law needs a same end which is the spirit of western tradition, and law and rule of law has meaningless if without the end, which is the core content in the above theory is wrong reading or misunderstanding of Marxism legal theory and western tradition.Definitely, law has the character of sword or violence, but it is controlled in the hand of justice Goddess.Teleology is superior to its tool character in legal field.If there only exists the character of violence without teleology, the era of rule of law will end.Rule of law cannot stand only on the basis of violence character.
- tool-oriented character,
- teleology,
- individual improvement

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