Traditional Culture Encyclopedia - Traditional customs - On the Relationship between Law and Reason

On the Relationship between Law and Reason

As a non-power discourse, rationality is the premise of legal person's self-understanding, and self-understanding is the basis of legal person's self-existence. The understanding of law can be obtained by using human instinctive rationality, which is not only a question of human rational ability, but also involves the framework of language communication, consultation and understanding between subjects. Our understanding of legal rationality is usually understood and discussed in two senses: cognitive rationality and moral or practical rationality. People's understanding of law and reason is not passive, but liberation and sublation. Therefore, the rationality of law is still a critical ability. Faith in law cannot transcend reason. Once faith transcends reason and serves faith, it will lead to the loss of life of reason. If we can't face up to or be unable to respond to the various problems that reason is facing at present, then we can't provide sufficient and effective theoretical support for the rule of law construction in China.