Theory Crisis And Dilemma Of The Rule Of Law-Rerecognition Of Unger’s Criticism Legal Theory

As a master in the legal field, Unger is undoubtedly dabbling widely, but manyof contents he discussed can’t boil down to critical legal studies system. And becausethe domestic translation versions are different, each study period of his theoryknowledge is also not identical in China, therefore the Unger legal theory system isalways covered with mysteries to domestic researchers. In the academic point of view,the Unger legal theory is similar with realistic jurisprudence, they doubt of legalreality and critical attitude, and proposed "the objective doctrine","natural lawmetaphysics","the other side of the concept of value", but It’s easy to distinguishUnger and realistic jurisprudence, Unger has always maintained a critique of the rules.This paper attempts to use a new perspective to understand the Unger criticallegal studies, including classified into the "rule of law crisis" and "theory crisis" twoparts. Then the two parts of theory are classified into, in an attempt to identify therange of Unger legal theory system.This paper is in four parts, and about thirty-four thousand words.The first chapter is for introduction. The content of first section is, after formedin law, it appear a series of problems in legal practice areas and the legal theory, theseproblems to become the "theory crisis" and "rule by law crisis" in Unger’s eyes, andformed the foundation of the Unger critical legal studies system, also provides clearobject for criticize. Section2introduces the theory of the Unger theoretical analysistools, because these two tools has the role of methodology in his theory foundation, through his critical the legal theory of the overall structure, so placed in theintroduction. The third quarter is for literature review, introduces the Unger had everthe literatures and the domestic existing research materials, offers intellectualfoundation to this article, and through the analysis of the domestic existing researchmaterial, discover the innovation points of this paper.The second chapter introduces "theory crisis", is the key part in this paper. Thecriticism of the classical theory, scattered in various works, and analysis of thethought of "theory crisis" criticism can be divided into three aspects: criticism onreasonable legal analysis method; Criticism on liberalism legal theory; Criticism on"the center of the western perspective". These three aspects constitute respectivelythree parts in this chapter.The third chapter introduces "rule by law crisis." This part and the first part formthe main content of the Unger critical legal studies. Unger began to analyze the sourceof formation of the rule by law, and concludes that the law itself is unrealistic wishes,and then to criticize realistic judicial is flabby. Finally, through to depict the new formof future society, predicted that rule by law system will eventually die in postliberalsociety.The fourth chapter is the review of Unger legal theory. First, its reform schemehas unrealistic defect; Second, the methodology of Unger legal theory is uniquenes;Third, what is enlightenment in China as the interwoven of modernization andpost-modernity.