TRAGIC CONSCIOUSNESS, NATURAL LANGUAGE AND MODERN SPIRIT OF THE RULE OF LAW

GAO Yangguang

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PDF(119 KB)
Front. Law China ›› 2018, Vol. 13 ›› Issue (1) : 137-152. DOI: 10.3868/s050-007-018-0009-2
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Orginal Article

TRAGIC CONSCIOUSNESS, NATURAL LANGUAGE AND MODERN SPIRIT OF THE RULE OF LAW

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Abstract

Tragic consciousness, which originated in childhood, is complex compassion based on strong self-consciousness. After being moralized, tragic consciousness presents the dichotomy of good and evil, which has not only profoundly affected the formation of natural language, but also cradled the theory of natural law and religious spirit. Modern jurisprudence attempts to get rid of the shackles of classics and Christian humanism, to shape the autonomous and self-consistent image of law with the de lege lata as center. However, it is difficult for modern jurisprudence to surpass the natural language which rooted in tragic consciousness, and impossible to neglect or deny the independent value of the human. The inherent conflict within the rule of law makes ironically a tragedy, especially in the context of contemporary China.

Keywords

tragic consciousness / natural language / spirit of rule of law / modernity

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GAO Yangguang. TRAGIC CONSCIOUSNESS, NATURAL LANGUAGE AND MODERN SPIRIT OF THE RULE OF LAW. Front. Law China, 2018, 13(1): 137‒152 https://doi.org/10.3868/s050-007-018-0009-2

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2018 Higher Education Press
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