法律发展与社会发展关系新论

Another Study on the Relationship between Law Development and Social Development

社会发展与法律发展不仅是决定与被决定的关系,片面强调这种关系容易陷入决定论,不利于当前的法治实践。当前要从社会发展的整体出发来认识二者之间的内在统一性。法律发展一方面构成了现代社会中人与社会全面发展的重要内容,是现代社会发展的制度形式,另一方面,法律发展也是人与社会全面发展的制度化回应,其在自身的发展中呈现出一定的独立性。

The relationship between law development and social development is more than to decide and to be decided. Overstressing this relationship is easy to fall into the determinism, which goes against current practice of rule of law. We should recognize their unity from the whole social development. On one hand, law development fomas important content of the overall mankind and social development in modem society, which is the system style of modern social development, On the other hand, law development is also the responses to the institutionalization of mankind and social overall development, which shows certain independence in its own development.