On Social Logos Foundation Of Law's Regular Development

The author claims that there must be a prerequisite that the law is a category with regularity, if all researches of law are possible or the law research can be called scientific research. This means that both law theories and positive law have the extrinsic regularity that can be cognized by the observers. The law certainly has development regularity that the law bears a regular process------from wildness to civilization, from simpleness to complexity------based on the historical experience. That is the reason that all kinds of jurisprudences could take the law as their research object. And all theories of law merely come from the different methodologies, but they are all based on the prerequisite mentioned above. Nevertheless, what the author pays much attention to is why the law's development has the regularity. In other words, the author wants to find out on what foundation the regularity is based on and how the regular development is possible. By analyzing the development history of western law theories and classical Marxism theories, the author draws the conclusion as follows: the regular development of law has the foundation of social logos. The conclusion implies that the development of law is decided by the social logos. And the social logos has regularity and ultimate aim. As a result, it determines the regularity of law's development. Accounting to this conclusion, the discussion of this paper is divided into several parts as the follows: The first part of this paper dissertates the concept and category of the social logos firstly. Then by expounding on the history of the western philosophy and jurisprudence, the author finds out the track of the social logos development in the history of metaphysical theories, and how the jurisprudences reflected the demands of the social logos development in different phases. At last, the author draws the conclusion on the common regularity of the social logos and the dialectical relationship between the social logos and the regular development of law, which is that the former determines the latter dynamically. The second part of this paper verifies the dialectical relationship between the social logos and the regular development of law claimed in the first part through the historical and positive analysis. The object of the research in this part is the doctrine of liability of act of tort in the tort law. The author surveys the different historical phases of the doctrine of liability deeply------a process with positive, negative and negative's negative phases, and draws the conclusion: the social logos determines the development certainly in the history of the human society. The third part of this paper takes the doctrine of liability as the object also, and applies the former conclusion to the present development of modern society. Then the author reaches the conclusion that the dilatation and expanding of liability insurance in the positive law is the inevitable result of the development of relationship between the social logos and the regular development of law. The last part of this paper is the conclusion part. In this part the author takes the conclusions of former three parts together, and draws the final conclusion: the reason for that law's development has the regularity, and that it can be the object of scientific research is that the law's development has the foundation of the social logos. And this conclusion is based on the researches of metaphysical theories, positive historical experiment, and the development of modern society.