Questioning about the research objects of social science law,Constitutes the ontological question "What is social science jurisprudence"。The reason is: a subject,As long as the research object is specific,Then at least its existence is possible,even in name、Concept、Methodology、There are problems with academic paradigms and other issues,There is still a need and room for improvement and improvement;Opposite,If the research object does not exist or is not established,So no matter how precise the concept is to be used、A more sophisticated research method、A more sophisticated research paradigm,Also in vain。As for the research objects of social science law,Current research has not yet formed a clear theoretical consciousness。
bet365 kentucky bonus code fact proposition
If the proposition of bet365 kentucky bonus code norms is bet365 kentucky bonus code doctrine、The central theme of normative or analytical law,Then the central theme of social science law is bet365 kentucky bonus code fact proposition。bet365 kentucky bonus code fact propositions exist based on the relationship between law and facts。On the issue of dealing with facts,Law has an intersection with other social sciences: law focuses on bet365 kentucky bonus code norms on factual issues,Sociology、Economics、Objective laws for studying factual issues in anthropology and other disciplines。On the issue of bet365 kentucky bonus code norms,Law has diverged from other social sciences: bet365 kentucky bonus code research mainly focuses on bet365 kentucky bonus code normative texts,And sociology、Economics、Anthropology and other disciplines focus on the factual nature of law。At the same time,Revolving around the issue of "how does jurisprudence treat facts",Within the discipline of law,bet365 kentucky bonus code analytical empirical research and social empirical research are also separated,Start the confrontation,And merge again。
At present, the research on bet365 kentucky bonus code facts in bet365 kentucky bonus code circles mainly focuses on three fields: civil and commercial law、Procedural Law and Jurisprudence。In civil law,The mainstream understanding of bet365 kentucky bonus code facts is: what is stipulated by bet365 kentucky bonus code norms can cause bet365 kentucky bonus code relationships、Specific phenomena of change and elimination。In procedural law,The consensus on objective facts and bet365 kentucky bonus code facts is: objective facts are the basis of bet365 kentucky bonus code facts,bet365 kentucky bonus code facts are the reproduction of objective facts。In the study of jurisprudence,It is generally believed that bet365 kentucky bonus code facts are normative facts and institutional facts,Can be proved with evidence,bet365 kentucky bonus code significance。There are two problems in the above research: first,The above understanding of bet365 kentucky bonus code facts is an understanding from a judicial perspective,And in terms of bet365 kentucky bonus code procedures and bet365 kentucky bonus code methods, it is limited to the fact finding part where the law is applicable,Substantially it is also limited to facts that occurred or continue to exist in specific judicial cases,It is therefore difficult to obtain the full meaning of bet365 kentucky bonus code facts。Second,The above research has been filtered by law、The facts dealt with and stipulated can be reduced to "facts in law",The normative properties of facts remain its focus,The social scientific research on law must return to the essential attributes of "bet365 kentucky bonus code facts" (that is, factual attributes) to expand。The research object of social science research as law,bet365 kentucky bonus code fact propositions are divided into facts about law and law as fact。
Facts about the law
First,Basic bet365 kentucky bonus code facts,The facts behind bet365 kentucky bonus code norms。Basic bet365 kentucky bonus code facts are social facts within a specific time and space that serve as the basis for the production of law。Objective laws in social facts,The essence of things,It is the basis that bet365 kentucky bonus code regulations must follow。Discovering the essence of things is the academic task of social science research on the basic facts of law,Through the study of the essence of things, help achieve the leap from facts to norms,That is, serving legislative decision-making。
Second,bet365 kentucky bonus code background facts,That is, social facts as the object of bet365 kentucky bonus code regulations。Understanding the essence of things not only determines legislation,It also restricts the judiciary’s application and evaluation of the law。After the law is created,The social factual basis upon which the law was enacted has ceased to exist with the changes in time and space,bet365 kentucky bonus code norms are restricted by social, economic, political and other conditions in a wider range of time and space,This is the bet365 kentucky bonus code background fact。Rational understanding of bet365 kentucky bonus code background facts restricts the understanding of bet365 kentucky bonus code norms。Social science research on the rational understanding of the nature of things in bet365 kentucky bonus code background facts is a necessary component of understanding before bet365 kentucky bonus code norms。Through research in social sciences,Can effectively make up for the lack of knowledge supply in bet365 kentucky bonus code doctrine regarding the regular understanding of basic bet365 kentucky bonus code facts。
Third,Law equals facts,That is, the specific social facts corresponding to the application of specific bet365 kentucky bonus code norms。Social scientific research on law not only contributes to the correct understanding of the major premises of bet365 kentucky bonus code reasoning,The analysis of relevant social facts as the minor premise is also indispensable。This is called the bet365 kentucky bonus code equivalent fact in the article,Also known as bet365 kentucky bonus code corresponding facts、Facts covered by law,Mainly refers to case facts in judicial trials and illegal facts in administrative law enforcement、Investigation of illegal facts in supervisory investigations、Analysis and understanding。Social science research deals with more than just the final (as stated) facts of the case,Also includes raw and rich case facts。On the one hand,Social scientific research on directly relevant specific facts is intended to resolve specific factual issues at issue in a specific case,The resolution of these issues has no other substantive significance besides this case。On the other hand,The social science research of indirectly related general facts is to use the general conclusions of social science as the theoretical background to determine the factual issues in specific cases。
Fourth,bet365 kentucky bonus code Effect Facts。The extent to which bet365 kentucky bonus code norms conform to the essence of things in the process of making laws,Correct understanding of the bet365 kentucky bonus code background facts and accurate grasp of the bet365 kentucky bonus code facts during the implementation process,Situations that directly determine the bet365 kentucky bonus code effect of the facts。bet365 kentucky bonus code effect facts are social facts caused by bet365 kentucky bonus code norms acting on society。The basic logic of research on bet365 kentucky bonus code effect facts is as follows: First,Through bet365 kentucky bonus code interpretation,Clear the legislative intent contained in the bet365 kentucky bonus code norm text,This is the core work of bet365 kentucky bonus code doctrine;Secondly,Through social science research,Objective evaluation of the implementation effects of laws and regulations,Use data to illustrate the differences between the implementation or impact of the law and the expectations of legislators;Finally,Through the legislative theory with value analysis as the core,Promptly correct and repair the shortcomings of the law,Propose countermeasures and suggestions to reduce the contrast between bet365 kentucky bonus code effectiveness and bet365 kentucky bonus code effectiveness。Among them,The second part is the core work of social scientific research on law。
Law as fact
The above four situations constitute the basic pattern of factual research on law。“Law” in “facts about law” refers to bet365 kentucky bonus code norms;The "law" in the law as a fact does not refer to bet365 kentucky bonus code norms,It refers to bet365 kentucky bonus code operation and bet365 kentucky bonus code development。Activities in each link of bet365 kentucky bonus code operation and phenomena at each stage of bet365 kentucky bonus code development have their own inherent regularities。The social science research of law as fact refers to,Use social empirical methods to study the operational behavior of law and bet365 kentucky bonus code development phenomena,Show the true appearance of bet365 kentucky bonus code norms when they act on society,Reveal the causal connection,Form a regular understanding of bet365 kentucky bonus code phenomena。
First,bet365 kentucky bonus code Operational Behavior。bet365 kentucky bonus code norms can dictate its own operation,This task is mainly accomplished by litigation law and non-litigation procedural law,But,bet365 kentucky bonus code science cannot independently explain the operation of bet365 kentucky bonus code norms。The normative basic stance of bet365 kentucky bonus code science determines its attachment to bet365 kentucky bonus code texts,But unable to explain the bet365 kentucky bonus code operation behavior outside the text and the causal relationship of bet365 kentucky bonus code operation phenomena。At this time, it is necessary to jump out of the theoretical framework of normativism and make a second-order observation of the law as a fact。This is a "thought about law",Rather than “thought of law”。For legislation、Justice、Organizational Sociology of Organizational Operations of Law Enforcement Subjects、Administrative Management Research,Behavioral economics for citizens’ law-abiding behavior、Research on behavioral psychology and even cognitive neuroscience, etc.,For revealing legislation、Justice、Law Enforcement、The real logic of bet365 kentucky bonus code operation in aspects such as law compliance and bet365 kentucky bonus code supervision is of great benefit。
Second,bet365 kentucky bonus code development phenomenon。There are laws of natural changes,There are also laws in the development of social history。There are laws for the development of human society,As a social phenomenon, the development of bet365 kentucky bonus code phenomena also has specific regularities。“The focus of bet365 kentucky bonus code development is not legislation、Not in law、Not in judicial decision either,And in society itself。"This proposition shows us an indispensable central theme in the study of bet365 kentucky bonus code development: paying attention to society,Back to history。These laws of the development of law cannot be understood from the law itself,We must look for the reasons from society。More precisely,bet365 kentucky bonus code development itself is a social phenomenon,The content of causation or correlation in this social phenomenon,All require bet365 kentucky bonus code social science research to answer,This is beyond the reach of analytical and empirical research on law。In China,via Historical Sociology、Development Economics、Social Economics、Political Economics、The study of the development of law by cultural anthropology and other social sciences has both general and specific significance: on the one hand, it can reveal the emergence of law、The historical process of development and its objective laws,Discover the universal laws and general patterns of bet365 kentucky bonus code development;On the other hand,This kind of research will serve to explore the modernization path of the rule of law with Chinese characteristics in the context of globalization。
(Author’s affiliation: Guanghua Law School, Zhejiang University)
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