Frontiers of Law in China >

2018 , Vol. 13 >Issue 1: 137 - 152

DOI: https://doi.org/10.3868/s050-007-018-0009-2

Orginal Article

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

  • GAO Yangguang
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  • School of Law, Renmin University of China, Beijing, China; Associate Professor, School of Law, Renmin University of China, Beijing 100872, China.

Published date: 15 Mar 2018

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2018 Higher Education Press
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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.

Key words： tragic consciousness; natural language; spirit of rule of law; modernity

Cite this article

GAO Yangguang . TRAGIC CONSCIOUSNESS, NATURAL LANGUAGE AND MODERN SPIRIT OF THE RULE OF LAW[J]. Frontiers of Law in China, 2018 , 13(1) : 137 -152 . DOI: 10.3868/s050-007-018-0009-2

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