Modernity Theater of Law (Hart and Fuller Debate)

Author: Qiang Shigong
Publisher:
Publish Date: 2006-01-01
Features: "This compact edition is not only an appropriate critique of the famous debate that occurred in the late 20th century between natural law theory and legal positivism in the field of jurisprudence, but also records the author's contemplative journey as they vacillated between the logic of power, legal statutes, moral arguments, and social reality conditions. In a sense, you might also consider this book as a timely sandbox simulation of the collective moral reflection and institutional reconstruction that the Chinese must inevitably face. The outcome is tragic, but the expression can be comedic"—Ji Weidong (Professor at the Faculty of Law, Kobe University, Japan) chose to explore the issue of natural law by focusing on the debate between Hart and Fuller because the underlying issue of this debate is the relationship between law and morality revealed by the Nuremberg Trials, which is precisely a major theoretical issue faced in the construction of China's legal system. Our legal system construction is also seen as an effort for law to break free from political ideology, and pursuing the logical coherence of formal rationality is also the direction and goal of the legal community. In this book, I attempt to understand natural law from the perspective of legal sociology. The history of legal thought has always described natural law as a continuous theoretical lineage, but in reality, this continuity is constructed by scholars, while the real issue is actually one of discontinuity.