Limitations and Transcendence of Law

Author: Compiler: Chen Maoxuan
Publisher:
Publish Date: 2003-04-01
Features: Research on the limitations of law is foundational work for deepening the understanding of the rule of law and optimizing the design of legal pathways. It broadly involves two aspects. One can be termed research on the difficulties of law, which involves sorting out and analyzing various historical and contemporary, conceptual and institutional, social, and technological factors that hinder the realization of legal functions and values. It also seeks corresponding remedies to overcome legal difficulties such as value conflicts, normative constraints, and operational obstacles. The other aspect of legal limitations pertains to the limits of law itself. It is related to the nature of law itself and the purpose for which humans design and apply it. Even if legal difficulties are overcome and the functionality and value of law are maximized, law cannot independently shoulder the responsibilities we expect and achieve the goals of the rule of law. This is because, at any time, the role of law can only be specific. Therefore, it is necessary to mobilize the remaining resources of institutional civilization to achieve the construction and effective operation of a rule-of-law society.