Rule Of Law As Communication

As the philosophy of law, rule of law is a whole new view of world and symbolof value for social cohesion as well as a major theory for social construction. Rule oflaw prescribes the relationship between citizens and state, citizen and others, citizenand authorities (god) and provides legitimate basis for positive law of state. Rule oflaw is the reconstruction of traditional social and spiritual orders as a result of socialconstruction. Communication is one of the major means for rule of law to constructthe social reality and becomes the way of thinking, inner faith and pattern to interpretlife. Habermas and Hook understand the communication in a significance ofphilosophy of law, which serves as the basis for the philosophy of law in thecommunication of rule of law. The core value of communication of rule of law is theformation of legal consciousness of norms. The lack of legal consciousness of normsindicates the potential crisis of legal consciousness in China. Rule of law is thegreatest contribution of the legal academia to Chinese thinking, but the intension ofrule of law are often disserted or changed, and the proper position of rule of law inChinese thinking is ignored. Rule of law naturally depends on the role ofcommunication. From the perspective of the disseminator, the ruling party thinkshighly of the significance of ideology’s decoration in the rule of law and neverinterprets the rule of law comprehensively. Only after careful review can the remarksof the political leaders on the emphasis of the role of law be understood for its reallinks to rule of law. To the legal academia, their intension of rule of law lacks inpreeminent horizon and ultimate concern. Consequently, the foregoingdisadvantages lead to a lower efficiency of the communication of rule of law. Thesocial construction for rule of law can be really established only after the wholecommunity can understand and share the meaning and value of rule of law. China’smajor campaigns in the practice of popularization and communication of rule of lawand reporting efforts of legal news achieve a lot but came across various difficulties.With this in mind, legal conception centered on individuals, life and communication isneeded for the reconstruction of China’s modern philosophy of law and definition of the specific intension of rule of law and their systematic publicity as well, and theholiness of rule of law shall also be established in Chinese thinking. The wholeoperational mechanism can be mutually coordinated through the review and reform ofthe existing communication system, clearing away the communication barriers andemphasis of communication effects and demands of the audience. The evolution ofChina’s rule of law will turn out to be a process of communication and experiences oflife, in which everyone share the dignity and happiness as humans.The Introduction presents the motivations of the writing and problemsconcerned with the paper, and it also elaborates the key concepts and the researchapproaches. The major problems here are how the rule of law is constructed in Chinafor the time being and who will be responsible for the communication of rule of law.Furthermore, it reconstructs the concept of rule of law and emphasizes the reformingsignificance of rule of law in Chinese thinking and its proper role.Chapter one makes a simple introduction to Habermas and Hook’s theories onphilosophy of law. The discourse theory of law is the major contribution of Habermasto the theory of rule of law. Based on Habermas’ theory, Hook makes great progress inthe understanding the communicative quality of law from the inner perspective oflegal professionals. Both of the philosophers promote the significance ofcommunication in rule of law to that of philosophy of law, which sheds some light onthe reconstruction of modern philosophy of law in China.Chapter Two studies a possible realization of the value for the communication ofrule of law on the individual, i.e. the formation of legal consciousness of norms,which is a progress against the traditional theories of legal consciousness. The lack oflegal consciousness of norms indicates the crisis of legal consciousness in China. Bymeans of return to legal metaphysics, the spiritual basis of legal system can bereflected; the proper position of law can be defined and the role of subjects in thecognition will and emotion of law can be consolidated. Only in this way can thetheory of legal consciousness be reshaped and can the crisis of legal consciousness bemitigated.Chapter Three analyzes the role of political leaders as the disseminators of ruleof law. The advantages of initiative and leadership and the rich resources of communication of the political leaders make them outstanding in the spotlight. Thereare various speeches of political leaders on the emphasis of the role of law, and theirremarks are complicatedly linked with rule of law, which deserve careful examination.The significance of the words and deeds for teaching by example of the politicalleaders are worthy of reflection.Chapter Four analyses the role of the ruling party as disseminator in light of theirideology, action and understand of rule of law, and explores the development andreform of political party system against the background of constitutionalism and ruleof law.Chapter Five deals with the role of legal academia as disseminators of rule of lawfrom perspectives of legal interpretation of rule of law, their attitude to natural lawand the nature of the conception of rule of law. As formulator and interpreter of theconception of rule of law, legal intelligentsia contributes a lot to the promotion ofevolution of rule of law in China whereas there is congenital deficiency for theirconception of rule of law.Chapter Six is involved in the practice of China’s communication of rule of law:the publicity campaigns to promote legal knowledge. It reviews the practice in theaspects of subject, content, objective, effects and scope and makes interpretations ofsuch aspects in line with the basic values of rule of law and attributes of thecommunication of rule of law.Chapter Seven touches upon the legal news reporting and conducts an evaluationof the communication practice of rule of law. Rule of law is inherently associated withthe rising of legal news reporting: rule of law is the internal yardstick of legal newswhile legal news is a major impetus for the realization and maintenance of rule of law.As activities of professional communication of legal information, legal news reportingopens a new chapter of the communication of rule of law, meanwhile, it is faced withthe problems of awareness, knowledge, morality and faith, for which there is muchroom of improvements.