The Exploration Of Meaning About Irrational Factors In The Process Of Law-construction Of Our Country

With the development of technology, the two dimensions of rationality, such as instrument-rationality and value-rationality, develop in the different way, showing a departure from the other. The people, who live in rational rules, are in the pursuit of material benefits, and what they do for the largest benefits. The instrument-rationality of human's departs from the value-rationality. Thus problems appear because of above mentioned: the relationship between human and material becomes the relationship between persons, people are all indifference; people who are under technical rationality lose their subjectivity, and becomes alienation from themselves, and to be one-dimensioned man. People also lose the pursuit of harmonious, and the society has become a sick society. When the instrument-rationality expands to the area of law, the alienation of law begins to appear, and people will not be the purpose of law, in the same time, the instrument-tendency of law arises. All of the problems appear because the instrument-rationality expands and the value-rationality degenerates, I think the reason is rationality-advocated and irrationality-abandoned, because the irrationality is the pursuit of their harmonious, and alike to the value-rationality. Thus the emphasis of irrationality is needed, to the digestion of alienation, the building of institution, to the construction of a harmonious society.The full text divides into five parts. In the first part, author first lists the case, and carries on the analysis to it, looks into the causes, thought human's indifference, moral degenerates and the alienation of human and even the alienation of society is because that the rational advocated and result of irrational abandonment. The second part demonstrates the result from the first part, analyzed the root of the problem. And I discussed rationality and irrationality even the relationship between them. Emphasized the phenomena that rationality advocated and irrationality abandoned, and because of that leads to expand instrument-rationality. So the losing of it, the alienation of value-rationality human and the alienation of society becomes to appear. In this part, I emphasized a person has rationality and irrationality of themselves, but under the guidance of tool-rationality, the human have never considered the irrationality of themselves. The human will never be in the pursuit of harmonious character, they abandoned the irrationality of themselves, and value-rationality of human becomes degenerates. In the third part, I considered rational, and discussed alienation of human and subjectivity-losing, when the rationality advocated in the area of law, the rule of family-testified appears. I also discussed the problem of alienation of law and the tool-tendency of law, and all result from the rationality-advocated in the area of law. In the fourth part, I explored the meaning of irrationality, the meaning of it embodiments in the area of the irrationality such as desire and sensibility should be satisfied, also in the area of humanism of law and the construction of a harmonious society. In the last part, I considered the possibility and the sticking point when achieve the meaning, the basic is consolidating the rationality and the irrationality, the key is the process of law- harmonious, and the good chance is the construction of a harmonious society.