Return To Living-world Of Law

Nowadays,with the development of legal science,especially with the development of positivism,the development of law is gradually separated from the emotional part of human beings.The consideration of legal justice is its own rationality and scientific nature.Under the guidance of law and economics,it puts forward the notion of "rational economic man" and attempts to remove the feelings and stylized people under the legal science.Although it provides a more scientific method.However,at the same time,the law as the object of scientific research has gradually lost its care of people and the life world of people.Thus Nussbaum proposed the theory of poetic justice to overcome the research tendency of "inhuman" of law and economics.As far as poetic justice itself is concerned,it has long been rooted in ancient Greek city-states,especially With the heroism in Homer's epics as the prototype.And then it develop from Adam Smith to the German romance.It is a continuous development process.This paper tries to divide the study of poetic justice into poetic justice and poetic justice theory.The development from poetic justice to poetic justice theory is not only achieved through the span of time,but also through the analysis of the theoretical context can reflect the development of poetic justice.In the analysis of poetic justice,this article begins with Homer and extends to German romance after discussing Homer's heroism.On the one hand,it is limited by the length of the article.And in order to express poetic justice more deeply substantive features,the article chose this seemingly long-standing interval just for make it two parts looks very different.From poetic justice to poetic justice theory is not a perfect process for the improvement of poetic justice.It's just a unified theoretical study.In other words poetic justice theory is not the end of poetic justice.It can only be said that poetic justice is the theoretical basis of the theory of poetic justice.Poetic justice constantly supports the theory of poetic justice.This article is divided into three parts except for the introduction.The first part begins with the theory of poetic justice to the theory of poetic justice,in which the poetic justice goes through the process of hair-headedness and integration.While the Adam Smith's "fair observer" puts forward the theory of poetic justice.Finally,Nussbaum advanced the theory of poetic justice.This article also discusses the shortcomings of Nussbaum's theory of poetic justice.Finally,the insufficiency of theory is supplemented by ethics and phenomenology.The second part discusses the process of legal development and alienation and attempts to analyze the texts of "Antigone" and "Merchant of Venice" tentatively.So as to illustrate the process and reason of the development from justice to injustice and in detail Analyzes the current situation that law and justice are gradually separated from human life world.The third part mainly discusses that under the background of poetic justice,with the help of the poetic justice,the law regains the human life world and regains the care of the people.