2009Journal of Shantou UniversityRequires access

Reflection and Criticism on Standard Debate Between Right and Obligation

Jing Wang

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Abstract

The jurisprudence of right and obligation established with right and obligation being the basic conflicts of law is a fundamental fallacy in theory. Its mistake lies in the fact that obligation is substituted for social public right that social public right, as an important sociological phenomenon is separated from the horizons of law studies. As a result, the jurisdiction of right and obligation has severe theoretical defects. In the new situations when the construction of democracy and monocracy is demanding more highly and newly of us, it is urgent to overthrow the jurisdiction of right and obligation and reconstruct scientific jurisdiction with right and power being the basic conflict.

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What this paper is about

The jurisprudence of right and obligation established with right and obligation being the basic conflicts of law is a fundamental fallacy in theory. Its mistake lies in the fact that obligation is substituted for social public right that social public right, as an important sociological phenomenon is separated from the horizons of law studies. As a result, the jurisdiction of right and obligation has severe theoretical defects. In the new situations when the construction of democracy and monocracy is demanding more highly and newly of us, it is urgent to overthrow the jurisdiction of right and obligation and reconstruct scientific jurisdiction with right and power being the basic conflict.

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Available abstract

The jurisprudence of right and obligation established with right and obligation being the basic conflicts of law is a fundamental fallacy in theory. Its mistake lies in the fact that obligation is substituted for social public right that social public right, as an important sociological phenomenon is separated from the horizons of law studies. As a result, the jurisdiction of right and obligation has severe theoretical defects. In the new situations when the construction of democracy and monocracy is demanding more highly and newly of us, it is urgent to overthrow the jurisdiction of right and obligation and reconstruct scientific jurisdiction with right and power being the basic conflict.

Key concepts: Obligation, Jurisdiction, Law, Mistake, Criticism, Fallacy, Jurisprudence, Political science

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