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1、1Weber British law paradox Reflections of ReasonKeywords: Weber / “Paradox of English Law” / deterministic search / Theory of rational / practical reason Abstract: Webers “paradox of English law” refers to the standard according to Webers rationalization, the rationalization of English law is less.
2、But the fact that English law can better protect the certainty of the British , freedom and order. “paradox of English law,” the emergence of theoretical reason is that Weber as the only rational and as a standard scale to measure the English law. Facts have proven that the practice of English law i
3、s not only a rational reason the road, but is a more rational and reasonable way, but rather Webers theoretical reason there are many problems. Thus, Webers theory need to seriously reflect on the rule of law concept of rationality. First, Webers “paradox of English law,” the production (The product
4、ion of a paradox: the fact that English law effect of rational judgments and Weber does not match German scholar Max Weber (1864-1929) in its law on the sociological theory of the rationalization of English law, 2very critical, Weber believes that compared to European law, English law and the protec
5、tion of the rational degree of certainty is not high 1 (P332). Austin has pointed out: “from the British law research to study Roman law, and you like from a dark realm of chaos and escape into a comparison, the full order and bright country. “2 (P34), however, as the basic facts, the United Kingdom
6、 and the rule of law is extremely successful: First,” low “degree of rationality does not seem to hamper the British law, but is in some sense, help the development of British capitalism. as an indisputable fact that Britain is the birthplace of modern capitalism, and the highly successful capitalis
7、t development. Second, from order point of view, a more stable order in common law countries, but also in developing countries, more stable countries in order of most of the countries that adopted the common law. Third, English law did not prevent but exactly conducive to the realization of freedom.
8、 the common law tradition on the relationship between security and freedom, discourse can be traced to the earliest 15th century Ford Basescu, after it by the Kirk, the black Haiers development until today, the common law concept of freedom of protection remains to Hayek, Leoni and other scholars be
9、lieve. Although English law 3in social practice is extremely successful, but in theory, can not go Ruwei Bo “rational law” under nominal. This situation constitutes a social theory of Webers law, and the whole so-called sociology of law “British law paradox”, Comparative Law, University of Chicago w
10、ho in turn referred to as Mark Webber Sly Innes “English law issues” 3 (P24). (B Weber theory of rational view of the characteristics of the rule of law Weber, “British Law Paradox” have, strictly speaking, derived from Webers conception of reason but the default, so that only a return to Webers con
11、ception of reason to go to a comprehensive understanding of Webers “paradox of English Law “or” British law issues “from the Source. Webers rational view is to seek the certainty of modern society are closely related. The basic features of modern society is rational, and rational representation is u
12、nprecedented uncertainty for high. In fact, the certainty necessary protection to the modern society and modern civilization, the birth and development of great significance. because only meet their own lives and property of the maximum uncertainty, we can not make every member of society for their
13、own Security heart trouble or even fear of 4labor, thus the body of latent creativity of life for more positive social development and social wealth creation career. to the general sense, the search for the necessary certainty is no problem, “ Uncertainty “The reason why attention, largely because e
14、veryone wants to try to use their predictions to a reasonable extent possible, arrange their lives. The key question is by what means to achieve certainty, or words, certainty how seek, can be called rational basic problems. historical fact that the uncertainty for the modern West mainly through two
15、 ways, or “paradigm” (paradigm) to achieve: one is the absolute objective knowledge of the theory for rational paradigm A practical approach is to explore the paradigm of practical rationality. In sum, one is uncertainty “is what” ontological questioning, one is uncertain “how possible” methodology
16、to explore. Webers conception of reason is embodied in a theory of rational, also known as rational knowledge. That the focus is the reason Weber absolutely sure, absolutely objective knowledge, absolute certainty in the Weber and objective knowledge is not certainty linked to the division. And this concept of production, largely because of modern 5natural science has been a huge success. The success of natural science and technology so that they becom
