Study On Views Of Law From The Perspective Of Communitarianism

Communitarianism’s view on law studies views on ego, right, justice and constitutional government from the perspective of communitarianism. Communitarianism is an ideological and political trend based on criticism of new neoliberalism represented by John Rawls. Communitarianists of the early stage put emphasis on rebuttal of the core categories of neoliberalism, displaying remarkable critical features. However, communitarianists of the later period devoted themselves to constructing their own theoretical system, displaying a character of constructivism. The key categories of communitarianism are community and responsibility. Communitarianists claim that the egoism held by liberalism is free of all constraints and attachments, a fiction lacking of historical and cultural roots, which leads to alienation of ego and crisis of modernization. Communitarianists hold that ego depends on the history and culture of a certain society, and that a constitutive understanding of ego can be achieved only from the framework and background of concrete history and cultures of a certain society. Communitarianism argues that antidotes to the alienation of ego and modern crisis can be obtained only by putting ego in specific social, historical and cultural framework and background.Communitarianism rejects the philosophical foundation of Natural Rights Doctrine held by naturalism. Communitarianism holds that the natural state and social contract concerned with natural rights are merely a metaphysical fiction. Rights out of control stirred up extreme individualism and egoism, uprooted the responsibility system, resulting the loose of social cooperation, collapse of a sharing community and weakening of nations’ power. Communitarianism calls for re-construction of responsibility system, strengthening of social cooperation, sharing of communities’ values and re-energization of nations’power. Communitarianism denies natural rights fundamentally, substituting loyalty, friendship, responsibilities and ethics for natural rights.These concepts are ultimate guarantee for the failure of legal responsibilities. Communitarianism doesn’t deny concrete legal rights in general, it prefers to advocating topicalization of responsibilities.Communitarianism argues that the views on justice by liberalism are formal rationality deprived of social, historical and cultural connotation and they are inadequate for an authentic social life legally. Communitarianism holds that justice should be based on a hierarchic virtues of individual virtue, common virtue of communities and the universal virtue of a society (a nation or human society), and that the substitute for the views on justice regarding the realization of individual rights of liberalism shall be the common virtue of a community as advocated by communitarianism. Communitarianism argues that the views on constitutional government are procedural ones based on the deviation of facts and values. Communitarianists advocate material views on constitutional government underpinned by virtues. In the field of technology, communitarianism shares some of the values and preferences of the views of constitutional government held by Civic Republicanism.