Such as a crisis of faith, the rule of law had not spread, social injustice, lack of justice, human rights abuses, and so the phenomenon is also widespread in the final analysis, there are a lot of these phenomena are associated with authoritarian regimes lawless state on the same time, how to design a community form of government is also thinking long-term rule of law and universal human confusion, major theoretical issues. Therefore, this article attempts to change the first modern totalitarian system to provide the necessary scientific and legal reasons, we further extend it to the decentralized state, briefly describes the rule of man to change the social implication of the general polity of Law.
a pair of authoritarian regimes theoretical reflection
(a) of the philosophical basis of the limitations of
, an objective is one-sided monism. Objective monism that the world of human understanding of the objective existence of only one body, that is, material (or spiritual), but it also concluded that direct people around the world to any area to (micro view of the world or inside buildings), which can be simply called monism or material on the Spirit. Clearly, the objective view of monistic ontology and human nature of the world confined to the property by the five senses (or purely subjective spirit), while ignoring the complexity of multi-objective existence, so it is not comprehensive and objective concept exists. We believe that common sense knowledge of the subjective and objective independent and absolute separation of the concept of monism is very limited, only the the existence of harmony with the world, is also only his knowledge and experience is more real and universal. From this we can infer, the law is also a four-dimensional world, the human world.
, absolute time and space conditions are suitable. Classical mechanics that the nature of space and time is considered to be independent of any objects and movement, and the existence of absolute space and absolute time. In the special theory of relativity, any observer of things are different with different: one is only admitted for each observer's conclusion is correct, incorrect conclusions of other observers; the other is that all observers are right. In the two observers to determine who is right in both ways without experience, there is no theoretical method. This is the relativity theory of relativity. In addition, special relativity, the space-time is not independent of the existence of space-time is the material time and space, space-time is the appearance of the material world, physical body changes, and its appearance will change with it. Third, in Prigogine's view, time for the same result for the space. This means that the future and the past, it seems there is no substantial difference. Therefore,UGGs, the absolute time and space is only applicable to macroscopic, low-speed, mechanical, material world, the total does not have scientific significance more generally. The absolute time and space of the universe is both transcendent and also non-intuitive, .
, there is no unlimited and orderly world. Clearly, in view of physics, orderly world view is partial truth. In addition, nature That is, space is limited, the universe had a beginning in time. Third, the This end of the world that Christianity is really the same thing. Fourth, the classical materialist philosophy that speed is infinite. However, in special relativity the speed of light is absolute, relative to any inertial frame of reference is the speed of light This shows that the classic concept of materialism is only an abstract infinite speed, although logical, but it is not confirmed the assumption, not a scientific truth. So, in general, to some extent, the world can be seen as limited and disorder. Thus, the necessity of legal reasoning and decisions are based on logical thinking that is needed to be restricted, but not unconditionally apply to any legal relationship.
, continuity, decision theory, theory of causation is relative. Objective monism that the universe is continuous the material world, there is an absolute human society, causal laws. However, the quantum mechanics that, in the ultra-microscopic world of energy is not continuous, the classical causal relationship is not established on the interpretation of quantum mechanics the statistical point of view, quantum mechanics of the objective world description is only statistical, not deterministic, can not describe the individual events. In addition, the super-causal view that the causal, non-causal, anti-causality is the existence of three-dimensional cause and effect, cause and effect relationship is not a single linear relationship. So, to some extent the world is a human world. It tells us who the world has a discontinuity, which is decided on, the causal theory is contradictory. Therefore, we can bypass the legal thinking that the whole world relations people,
(b) the theory of economic determinism is not universal
economic determinism that human society will be in the public sector to achieve the highest speed the development of social productive forces, produce a variety of human will completely eliminate all sorts of social ills, the social conditions of the material basis of human society the economic base of crime will be eliminated, and the human quality of life the history of human society will reach the best state in the human realm of necessity to ultimately be the realm of freedom. Description of modern social science, human cognitive ability and ability to transform nature are limited, the earth and the sun is life, the universe does not have infinite. Existentialist philosopher, scientific socialism, ignoring the individual psychological differences, their impartiality does not have virtual universal human morality, the so-called supremacy of collectivism is essentially ignored the nature of human self-interest; humans do not have eternal, human No death, humanity has always existed between freedom and necessity. Therefore, the decision by the economic objective of supporting the so-called dialectical law only applies to the rule of man the community phase of centralized legal theory, there is no universal meaning of the rule of law.
(c) the proper understanding of the mysteries of religion, culture, scientific value
, in the usual sense of the science is a quest out of, outside the main object for the existence of laws of learning It is to be objective about the so-called material world in general knowledge and skills. Traditional religion, one should refer to reverse the body, for the main relationship between itself and the chaotic nature of knowledge. For example, Christian theology claims that people feel with the physical world is not solid, the final destruction of the only God is eternal, must be spirit, to experience intuition, to feel. Buddhists believe that the higher a person's mental state, often felt the joy of life, he is in paradise; a people in dark, dirty and despicable, and he will fall into trouble in many. Ancient civilizations have this statement: Phenomenology of religion similar to the nature of that intuitive knowledge of the truth of real science. And one by one or subjective nature, empiricism immortal because of the lack of knowledge rather than science. Chinese Daoist thinking the same way as the overall look of truth, where all truth is a product of Nature and Man. We are thinking Thinking in this phenomenon, the scientific value of law is precisely this sense, said. In this way, science and religion in the law to real quality is fully compatible with a pulse interlinked. In other words, religious beliefs can learn the spirit of the rule of law and even thought to accommodate the fundamental content.
, Western legal thinkers, Hayek believes that religion is not a rational thing, but a lot of important development in the world things are not rational, if rationality and superstition, materialism, and the society will become very shallow , never grow up to become social. Some economic historians, such as North, they also believe that ideology, religion determines a country's political order, moral standards, determine the acceptable and unacceptable behavior. This means that the true nature of law, including a certain amount of religious spirit and content, even if it can not bypass the law of religious spirit of civilization.
, religion with the social sciences, the humanities are not the same philosophy, philosophy of social sciences and humanities are not a third party, because they are playing in the game Worship of a now you see people such as Jesus, he is in heaven, he is no conflict of interest with you, he is a true third party, is what we said earlier God, Allah, Buddha, etc.). A peaceful order, and must have a third party function. Political order to have a permanent social peace, we must have a fair political In other words, to develop This shows that religion is the rule of law in the fair value of Qia the core of the soul, from this perspective, we can not be an exaggeration to say that the spirit of the rule of law is essentially a formal religion is science.
, I have proposed, a non-rational society can evolve into a rational society, the community will be irrational rational society resolved to limit the development of each other into each other; human instinct is to pursue non- harmony of reason and rationality can be said that as long as humans do not die, social interaction between irrational and rational process of evolution going. This is because, first, irrational (religious consciousness, etc.) and reason (science, technology, etc.) are equivalent, in God (Anti-present) in the eyes not thick nor thin rational irrational. Second, people attribute the irrational and rational are complementary, can believe that there is an objective non-rational rather than rational objections against the existence of neutral, non-rational (emotional, will, intuition, etc.) and reason (science , experience, etc.) and judge of the third party. Third, there is also anti-rational, irrational in the extreme events, facilitate its conversion to the other side.
In summary, religious belief in the mystery is the implication of the so-called four-dimensional world, there is the phenomenon in the general field, it can be said that the anti-existence of truly objective, therefore, we can not ignore the religious culture who face the world as a whole field, while it is also thought to be the correct rule of law to face the truth of there relationship.
view of the two of the limitations of traditional country community
(a) of the country is the common members of society to maintain a certain security, interests and order of social organization
, we know early human society has been the country's embryo, even if the violence within the clan cents less than today, but also the most severe penalty, clan law exists, it is synchronized with the generation of human society. Therefore, we believe that the quality level from the true perspective, law and human society and in; ethics, democracy, law, national phenomenon is no different.
, state power is generated for the needs of society itself from the agreement of members of society (consciously or unconsciously), without any legal necessity, the absolute superiority. In other words, state power is built on top of specific social rights of citizens, and all the scope and nature of state power in the face of human rights must stop. Countries in the legal citizens of the courtiers is not a country, national organizations are not superior to the citizen, and certainly not the embodiment of a harmonious society. Specifically, the state is a tool for the management services, but also for being a tool for management services, that is a legitimate state, the status of administrators and managers are completely equal, there can go beyond, human rights abuses of the abstract, legitimate state power of any nature. In a country and society, and only to the Constitution first, equality before the law, the rule of law is consistent with the fundamental features of a word, protection of human rights is the essence of the rule of law and fundamental requirements.
short, the state will lose power in the rule of law is absolutely sacred, on behalf of the state power organs, organizations and citizens (general) must be equal before the law, that agency did not state the rule of law that the special advantages countries only certain members of the community to maintain its integrity inherent in the common social organization only.
(b) of the law, the state, politics is a legitimate social system of three integral elements of
, the rule of man in society is essentially a private governance of the activities. Although there are national society of men, the law system, but not legitimate democratic and political activities, governance is, in essence, the privatization of state activities, that there is a minority of countries, privatization. At this point, the so-called democracy is not democracy in the modern sense of the rule of law, at most only a small number of consultations within the ruler, not a universal, equitable social justice. We believe that the individual interests of the country will never exist, but the absolute protection of individual interests, respect for the legitimate personal interests. Therefore, there is no sense of the transcendent supremacy of national interests above personal interests may, in the rule of law requires the State and the collective, the individual status of full equality.
, All politics are the rule of law tools. Services for the legal practice of politics is, otherwise, this politics is redundant and may even evolve into anti-people, anti-social, not legal tyranny. Reality of party politics is a form of democracy, political equality is therefore the rule of law ought to be required. Determined by the rule of law to the political system, not by those in power or democratic decision, which it is the responsibility of science. Man-made obstacles of political system reform, anti-social progress. In specific political practice, any person who good moral character, willing to do public servants, independent and effective political views, the majority of the people as a community support, access to the election of an absolute majority, they can become community consul. Therefore, politicians should be experts, rather than the power of monopolists; politicians than people's leaders, but servants of the people. In short, the ruling is a career, not honor, but not a privilege, politicians serve the people if you want to do, we must strictly according to law, this be called a true community servant, or a real dedication to peoples.
, political activities must respect the rule of law by the law and not contrary to the rule of law requirements of the law. We believe that in a certain sense, the rule of law is objective, subjective and political, the political existence of the country, the State exists for the rule of law. Political or walkway, talk about human rights, this is the essence of political characteristics. The true quality of the rule of law is a reflection of the basic law of social development, but also subjective and objective expression of the overall field in the form of a people whose objectivity is not the subjective will of man. All can be called a civilized political will is reflected in the people, the rule of law in politics. Therefore, the rule of law must be a political tool, and strive to achieve the objectives of the rule of law exists.
a nutshell, the law, the state, politics is a legitimate social system, the three elements of an integral, and the State,cheap UGG boots, the rule of law in harmony, unity and political activity can promote the development of a society. On the contrary, it must hinder the development of a society.
(c) abandon the concept of violence in the State
, class contradictions can be reconciled. A crowd of any national organizations need to maintain management of the representatives of the ruling and being ruled managed to reconcile the contradictions between the people, by virtue of the State is a scientific concept, which is to reconcile the class antagonisms, so, from On the threshold of the overall visual inspection, the State is not the product of irreconcilable class contradictions.
, the emergence of national civilization and progress of human society, the basic sign. Is an independent free state, with eternity, can say that if countries do not exist, then human civilization will end, that is the same in the state and law, can not no country, no country can. A certain level that the state itself is the product of rational, the state is the essence of the public, the State should have the political neutrality. We know that a society needs public management activities, the role of public authority, then the need to maintain national organizations. Although the social division of labor at any time can not completely eliminate, the people can not be exactly the same, people need to be more unlikely the same, but because everyone is equal, so we have to respect everyone, no one can equal their will impose the will of the state, which requires a social environment for the rule of law. This means that the Rule of Law is the choice of mankind, scientific choice, rational choice, but not the social development of unique, absolute, and inevitable choice.
, state power and civil rights, collective rights, full equality before the law in the community. All state powers, including sovereignty, human rights, including all come from, not from the legitimate laws. Thus, no country is above the top of the special powers of civil society organizations, the so-called sovereignty of the people even if only relative meaning, the state can not represent the circumstances are not exactly equal to the will of the people's interests and the collection itself. Among them, the balance of human rights and fundamental national rights by virtue of the authority of law by virtue of such non-personal will of the irrational authority to achieve. Therefore, we say that any individual, group, society as a whole community of States are a subset of equality.
, national organizations of public ownership. We believe that the country should be public ownership, and the public of the state belongs to all citizens, is the only way a country that has the enduring nature. All rights are legal rights, extrajudicial right, only equal rights, not special rights, which is the basic characteristics of the national public ownership is the real intention of the so-called Things for the lies. Here, everyone is equal, universal justice, even if the criminals and political enemies are also masters of the country. Therefore, all the so-called national issues require citizens to self-determination, and must not by others acting on their behalf, even if the representative also has limitations.
, the State must establish the legal authority of the law. Independent character of the law is to protect human rights, and this was also the truth of the performance of the law. Because legal does not come from power, and from the spirit of human reason, scientific concepts and moral beliefs, so the law independent of state power. We believe that the rule of law, civil society is the major source of moral consistency, in which a small number of elite legislation, law enforcement, judicial, supervision, and the people directly determines a society where the fundamental trends. That is to say, Things for the People, the people rule can be, for the government when the people along, traveling the right path, that only the political activities to the rule of law, to make political play its positive role. We know that in the rule of man in society, national organizations, national minority rulers, ruling class, governed by the will of their own countries,UGG boots cheap, public power into private power beyond the law. And this difference is that the national organizations in the rule of law, the state can show citizens belonging to all social, national governance are public servants of the people of society. Thus, human society needs to establish a responsible government, democratic government, legal government, the rule of law to reach a legitimate state. Here, the rule of law with Community law in the supreme authority of the ruler that is, law enforcement, he must be faithful to the law, not just on the higher-ups responsible, more importantly, the law must be legally responsible for the ultimate expression of by service, by managers responsible. Furthermore, any ruler must be strictly according to law, no law outside of any privilege, not oppression, exploitation, illegal infringement to be managed by the service people and any sense of the relative side.
three positive change should be the rule of man polity
lawless society we know, in the centralized countries, such as unified thought, education is not independent, religious culture is not free, people steeped feudal culture, official culture lack of vitality and spirit, the power first, authoritarian rule, democratic hypocrisy, disguise hereditary power, rejection of western system of civilization, the rule of man to infiltrate all areas of authority, no judicial authority, the law completely tool, economic completely political, moral, serious fracture of traditional , and so on large, there is widespread; in decentralized countries, such as military hegemony, power politics, attempting to implement in the world, there is a strong sense of superiority of Western civilization, the values of rejection poor countries to powerful Heroes, promote culture and decadent lifestyles fall to paralyze people, rich-poor divide, money comes first, to support national war of aggression has been distorted view of social justice, human rights, absolute, abstract, widespread, and many other problems. In short, the centralized and decentralized systems are the rule of man national state form of society, this form of regime is essentially lawless state, that they really matter is that constitutional government in the conflict. Simply put, is the rule of man society is anti-constitutional regime.
(a) of the ruling social system of government the need for change
We believe that the rule of man is a social form of government for change really in need, and specifically in the following areas:
, form of government the rule of law is the rule of law and political imperative. The basic problem is that the rule of law Try to group scientific and legal solution to the relationship between power and right, while also concerned about the international political, economic, technological, educational, and cultural development of situation on the rule of law, and practice the rule of law also, and whether different countries open, tolerant spirit and the idea of peace and development have a great relationship. Therefore, we study a country's rule of law, the political system is unavoidable, we must first face the problem, but it is also the rule of law society to the rule of man a necessary requirement. We believe that a community's form of government must meet the
, individual human freedom, equality requirements of the growing requirements of regime change. We all know that in a centralized system in which there is no universal equality, independence and freedom, human rights protection is neither legal nor economic security, so, when human rights have been granted only limited rights and legal rights; In a decentralized country, though all are equal before the law has some economic and legal system of protection, but the civil rights also in the legal system is the right to control virtually all the money in a society there will not be genuine equality of human rights, human independence, freedom is a fundamental form, and this protection of human rights will always be passed on to the military, economically backward countries on exploitation and pillage. In short, the rule of man society has different levels of government a false or misleading, but can not guarantee the full and effective and universal human rights and fair implementation.
, country-neutral concept of the rule of law supports the legitimate regime change. We already know that the countries in the rule of man in society are essentially a tool for political domination, the rulers and the ruled of the peoples have not overcome the inherent contradictions. Specifically, it embodies in its form of government, namely, centralized state ruled by law is bound to, oppression the people, of all opponents and holding the class dictatorship of the political dissent, strongly suppress the spirit of citizenship, freedom of speech, freedom of thought, etc. rights; decentralized countries tend to use the law to deceive the public in the form of equity, with the economic paralysis of the social welfare policies to the people, with aggression, exploitation, the people of his country to shift domestic social contradictions. In short, the state deviated from the rule of man society is the existence of a neutral real quality, maintenance of the national existence of such a rule-based system of government is illegal. So we said that only the concept of neutrality in the country in the form of government changes, it can be called a truly legitimate form of government change.
(b) of the ruling regime change society's legitimate reason for
, centralized state must abandon the ideology of determinism
We believe that the authoritarian rule of man the country's political society, ideology Human nature does not have a consensus on. Although ideology can determine the difference between human behavior, behavioral differences between human decisions. However, Rawls believes that the ideal of Christianity is the relationship between people, who love our enemies, who for the sake of the enemy, he has Free agency, respect other people's choices. He is exclusive, other are false, and only Christ is true. However, he never force others,UGG boots, this is the so-called Free agency, people freedom of choice. He would not say that you choose to use to force the dictatorship. His lover, or even love our enemies, forgiveness, there is still a man divided into grades, the lowest base love of Jesus Christ people. All these are formed as the Therefore, we believe that the different political ideologies and religious ideology, its lack of historical tradition, does not have the consensus of mankind - there is no enduring social system, but of course there is no absolute superiority of the social system.
() relative sovereignty of the people of
) countries in the rule of law is not to focus on the highest state power legally. We believe that the ideal society is a so-called inertial class assumption, that is, before you power to just assume you are correct, and there is no necessity to speak the truth. A closed self-sufficient in any centralized state or society, there is a need to absolute truth, and in any open, free country and society is only relative truth. So-called political truth can be both statistically, and also God of the From a scientific point of view, the right to special requirements of the power of the role of discrete features, while not homogenous, centralized public power, the rights of the different dimensions of the power needs of different dimensions to Zhang Xian. Therefore, if a national organization set a highest organization of state power, it will allow the state power completely sanctified completely opposite with the society itself, the people's sovereignty has become completely empty.
) in the centralized national sovereignty of the people is false. The so-called sovereignty of the people, in essence, is the state power should exist between citizens and society, and not as oppressed people, and hinder social progress alien force. But in fact it is likely that such a situation - people, once delegated to a State authority, it became an independent existence from the people and entities, if no other relative balance of power, or there is no performance, either reflected a tyrant style authoritarianism, the National Organization effectiveness can not be good for the people, and even become the opposite of the people but against the people, oppressed people, and bring disaster the whole community. This means that if the state apparatus to create a similar type of God or the highest authority of the sovereign, so you can bring the highest authority of the people's sovereignty and draw the equal sign. If the national authorities and the law drew an equal sign, then the state power will be completely replaced by the law, in violation of state law, the will to power would have been firmly suppressed. As a result, not only will those in power self-righteous, but also the people of good heart will be deceived, because this power has the supreme authority, not supervisory, absolute, leading to the deification of power. Therefore, centralized state in the rule of man of society, the so-called people's sovereignty is completely unrealistic fantasy.
() class dictatorship of the wrongfulness
) countries are not implementing tool of class oppression. Although the national origin of private ownership, but the country will die of class, and that the direction of the privatization of the country's development is social, public, that is ultimately the state will belong to all citizens, masters of the country is to all citizens. So, in essence come from all political rights of citizens rights, even national sovereignty, state power has not fully divine, absolute and non-confrontation. Specific, first, the management of state but a few elite public servants of the people choose, not the absolute ruler or a privileged people can be unscrupulous. Second, state violence, the rule of man society, class is its true nature, but the civilized countries, the rule of law, and its true nature is neutral, and that only legal to run as a social tool that neutral countries, have real and enduring nature. Third, the state is not the product of class struggle, but it is humanity's creation, which must give way to the class of class oppression cooperation, civic autonomy, which is also the evolution of society.
) privatization of authoritarian politics is politics. All acts of the dictatorship is dictatorship, and all acts are anti-authoritarian nature, anti-social, anti-people, anti-rational, is fundamentally incompatible with the basic political axiom Tianxiaweigong. We believe that political action has its operation of law, is a scientific phenomenon, that political action must conform to objective laws, shall not conflict with the law; all unreasonable, unethical political behavior is not permitted tyranny; from practice requirements against those in power must be subjective and arbitrary. That is, when the political decision-making should be carried out within the scope of the rule of law, not violate the rule of law, that no legitimate constitutional no real political civilization. In short, the power of politics, law, the public hands.
) class dictatorship of the country is illegal. Rulers in the name of centralized national interests of the people, under the banner of national interest to impose the policy on the grounds that they are leading people is to seek the fundamental interests of the people, therefore, all political opponents have to the species name or means hit. We believe that the so-called dictatorship of the class, so thoroughly and human rights against state power, so completely ruling of the state power, privilege, so sacred of political parties, so that leaders sacred location of the individual classes, resulting in the majority oppressed the minority oppression of the majority or the minority, and the world as a private rather than public, so the class dictatorship of the country is illegal.
() multi-party system of harmony
) General rule of politics is the political form. We believe that the organization of power in the four-dimensional system, if the legislative power corresponding to the right to life, corresponding to the property rights enforcement, judicial power, corresponding to the freedom, then the supervisory power to correspond to the basic human rights. As a truly independent and free people, should be completely independent personality, which requires all equal political status and legal status. Therefore, the family in a totalitarian country the political party governing the dissolution of the ruling is bound to usher in freedom, equality, democracy and the rule of law, that is, to break the power of the sacred, seeking democracy; to break the myth of popular sovereignty, separation of powers requirements ; separation of powers to break through, find the rule of law and politics. Can be said that the rule of man to the rule of law and political changes in the political system is a great revolution, the rule of man to rule of law and civilization, the fundamental political signs, not just a simple, local system can be done within the great cause of reform. Therefore, the political practice of seeking to unify and rule of law, political activities should be the rule of law to achieve the great unity of service, to pursue the specific objectives of the rule of law, and not a few rulers imposed to achieve the false social and political ideals, only that rule of law and politics, is the conventional system to ensure national stability and morphology.
) centralized multi-party political opposition. In a totalitarian political system, there is a supreme state power organization, it can be likened to say, an absurd In essence, the so-called concept is implicit in the rule of law: the people's will is the will of the country, the ruling party's will is the will of the people, the ruling party will end directly into the national will is the law and get into the so-called legitimate sex, so this is not the highest state power such as the state power of supervision, much less the existence of opposition parties is the logical thing. Here, only by the state power supervision and leadership of the ruling party, the supreme power of the so-called formal organization to become a the top leadership truly totalitarian state.
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