Author(s)

Binghan Li ¹

Affiliation(s)

¹ Law School of Southwest Petroleum University, Chengdu City, Sichuan Province, China

Corresponding Author

Binghan Li

ABSTRACT

First of all, it is not necessary for law to pursue an essence, because the domestic legal theory community uses the categories of "essence and phenomenon" to divide the self and the other, which is subjective and arbitrary. From a philosophical perspective, pursuing the essence of law is a manifestation of human thinking in pursuit of certainty, which is not necessary in itself. Secondly, the domestic legal theory community generally regards the embodiment of the will of the ruling class as the essence of law. By examining the historical evolution of this theoretical research, it can be divided into three research stages. Finally, in order to further promote the construction of a rule of law in China, it should be recognized that law is the embodiment of the people's will that is people-oriented.

KEYWORDS

Essence of Law; The Will of the Ruling Class; People's Will

CITE THIS PAPER

Binghan Li, Deconstruction and Construction of the Concept of "The Essence of Law" . Science of Law Journal (2024) Vol. 3: 86-91. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030513.

REFERENCES

[1] Wenxian Zhang, "Jurisprudence" [M]. Higher Education Press and Peking University Press 5th 2018, pp. 67-68.
[2] Marx and Engels. "Collected Works of Marx and Engels (Volume 3)" [M]. People's Publishing House 1960, p. 378.
[3] Rousseau, "The Social Contract"[M]. Translated by Zhaowu He, Commercial Press 1980, p. 51.
[4] Montesquieu, "The Spirit of the Laws (Volume 1)"[M]. Translated by Yanshen Zhang, Commercial Press 1961, p. 1.
[5] Cicero, "State and Law"[M]. Translated by Shuping Shen and Li Su, Commercial Press 1999, p. 180.
[6] Zhiping Liang et al., "The Essence of Law, A Fictional Myth" [J]. Legal Science, No. 1, 1998, pp. 7-8.
[7] Schopenhauer, "The World as Will and Representation" [M]. translated by Chongbai Shi, edited by Yizhi Yang, Commercial Press, 1982, p. 233, 427-428.
[8] Xidao Deng, "A Brief Discussion of Three Paradoxes in Schopenhauer's Theory of Will" [J]. Hubei Social Sciences, No. 1, 2005.
[9] See Engels, "The Origin of the Family, Private Property and the State" [M]. People's Publishing House 1st 2018, p. 189.
[10] See Yongkang Xu, "A Brief Comment on Vyshinsky's Legal Theory" [J]. Legal Science, No. 6, 1988, pp. 1-4.
[11] Guohua Sun and Bin Zeng, "Comment on Vyshinsky's Definition of Law" [J]. Legalist, No. 2, 1996, p. 40.
[12] See Zibin Deng, "How to View Extra-legal Exemptions for State Officials" [J]. Legal Science, No. 8, 2012, p. 64.

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting