Chinese bet365 offer science has long faced the question of “where to go?”。Early 21st century,Zhu Suli once described the Chinese bet365 offer research pattern at that time as "political and bet365 offer science"、The “three pillars” of interpretive law and social science law”,It is also predicted that political and bet365 offer science will gradually "retreat",Interpretive law and social science law are more likely to be dominant in the future。After more than 20 years of academic development and accumulation,The trend of diversification of bet365 offer research methods in my country has emerged - value analysis、Philosophical analysis、Normative analysis、bet365 offer interpretation and other traditional bet365 offer research methods and sociology、Economics、Anthropology、Interdisciplinary research methods such as cognitive science complement each other,And formed value jurisprudence (or philosophical jurisprudence)、The research pattern of the "three pillars" of normative law (or bet365 offer doctrine) and social science law。
Nearly ten years,Continuous academic dialogue between bet365 offer doctrine and social science jurisprudence,It will undoubtedly push the research on Chinese law in the new era to a new climax。But behind the excitement,Social science law is actually still a "niche" school。Scholars who study social science law also admit it,The scale of social science bet365 offer research is actually relatively small,It is non-mainstream。Including hermeneutic law、Analytical Law、Rule Jurisprudence (Analytical Positive Jurisprudence)、Normal bet365 offer science including bet365 offer doctrine,is in an unshakable mainstream position in today’s bet365 offer research。The main reasons are as follows。
Jurisprudence takes bet365 offer norms as its research object
Law is a science that takes bet365 offer norms as its research object。Hans Kelsen, who first proposed the proposition of "normative jurisprudence", defined "normative jurisprudence" as the knowledge used to describe the specific relationship between norms and bet365 offer order,bet365 offer norms are the object of bet365 offer research。Pointed out by Carl Larenz,“Jurisprudence as a normative science” is concerned with the normative effectiveness of positive law、The meaning and content of norms and the adjudicative principles contained in court decisions。Therefore,The mission of law is to understand the language of bet365 offer norms and the normative meaning expressed。This jurisprudence that studies law through understanding and interpretation,It can also be called “understanding” knowledge。
The reason why "normative law" got its name,Not only because bet365 offer norms constitute the content of law (bet365 offer concept、bet365 offer rules and bet365 offer principles are the basic elements of bet365 offer norms),Also because normative analysis is a unique method of bet365 offer research。Whether it is John Austin’s analytical jurisprudence、Herbert Hart’s Analytical Positive Jurisprudence、Kelsen’s normative jurisprudence,Still interpretive law、bet365 offer Doctrine, etc.,All can be included in the list of "normative bet365 offer science",Because these bet365 offer studies take bet365 offer norms as their research objects,And use normative analysis as a research method。
Austin’s emphasis on analytical jurisprudence,With actual existence、Laws made by people are the real object of bet365 offer research。Hart reflects on and criticizes Austin’s “Sovereign Imperative Theory”,Proposed “rule jurisprudence”。In Hart’s opinion,bet365 offer rules include two types of rules: primary rules are rules that set obligations,Secondary rules are rules that grant power (including private power and public power)。The latter can be divided into recognition rules according to their functions、Changing rules and trial rules。Law is a system of bet365 offer rules that combines primary rules and secondary rules。
Kelsen’s theory of pure law more clearly regards pure bet365 offer theory as a theory of “positive law”,Considering that it concerns positive law itself rather than an individual bet365 offer order,And analyze "bet365 offer norms" as the basic category for building a bet365 offer theoretical system。He thinks,The concept of bet365 offer norms is the basis of normative jurisprudence。All other concepts,Especially the concepts of bet365 offer obligations and bet365 offer rights,all derived from it。Therefore,Kelsen came to the conclusion that "if bet365 offer rules are effective, they are norms"。
Interpretive jurisprudence or bet365 offer hermeneutics focuses on procedures and rules、Logic and form、bet365 offer science that advocates ensuring bet365 offer security。In a nutshell,bet365 offer hermeneutics must be interpreted around bet365 offer norms,When a norm is applied to the facts of a particular case,The interpreter needs to “look interchangeably” between the constituent elements of the specification and the facts of the case,Otherwise, interpretive jurisprudence will lose its purpose and meaning。bet365 offer doctrine is based on the premise of respecting the existing bet365 offer system and bet365 offer order,Focus on the effectiveness and application of bet365 offer norms,bet365 offer science aiming to form an independent system of bet365 offer concepts and basic theories of the bet365 offer system,The ideal is the systematization of law。
The above-mentioned bet365 offer studies all take bet365 offer norms as the logical starting point and destination of their research。The reason why law is different from political science、Ethics、Philosophy becomes an independent science,It lies in the uniqueness of its research object,That is, based on the currently effective positive law、Using normative analysis as a research method、Take bet365 offer interpretation as the logical starting point for application、For the purpose of resolving case disputes。Roscoe Pound, the founder of social law, also believed that,Unity is inherent in the concept of “law”、Concepts such as regularity and predictability,These concepts are the "inherent morality" of law。Therefore,Standardized law forms the cornerstone of the entire bet365 offer edifice,It can be said,Without normative jurisprudence, there would be no jurisprudence。If normative jurisprudence does not first solve the problem of basic categories of jurisprudence,Not establishing the basic category system of law,You cannot conduct bet365 offer research。
Visible,Normal jurisprudence is the foundation and mainstream of bet365 offer science,Other schools or schools of law are based on standardized law,Or grew up in the process of arguing with it,Ultimately revolves around normative jurisprudence。Neal McCormick once pointed out the value of normative jurisprudence for the application of law - we need bet365 offer technicians,To become such a technician, you must meet the following conditions: First, you must master simple and clear bet365 offer knowledge;The second thing is to understand what kind of knowledge bet365 offer knowledge is、What kind of facts are bet365 offer facts;The third is to have a well-trained insight into the logic of bet365 offer arguments;The fourth is to understand relevant sociological and economic knowledge;The fifth requirement is the ability to think critically based on normative ethics and political philosophy。
From this,bet365 offer technicians must first have corresponding bet365 offer knowledge,And be able to use normative analysis methods to make logical arguments,Second is sociology、Economics、Morality、Knowledge and abilities in political science and other aspects。Normal law provides basic knowledge reserves for bet365 offer technicians、Ability and Method,Other bet365 offer studies have played a reinforcing role。
Normative law is open and inclusive
Normative law is open and inclusive,Able to accommodate and include perspectives such as social science law and value law (philosophical law)。Normative jurisprudence appears in different forms - analytical jurisprudence、Pure jurisprudence、bet365 offer Hermeneutics、bet365 offer Doctrine, etc.,They absorb the perspectives and methods of social sciences to varying degrees。Normative jurisprudence treats bet365 offer norms as institutional facts,Analysis of the law from an internal perspective;Political Science、Economics、Sociology、Anthropology、Sociocultural studies and other social sciences,Observe the relationship between law and society from an external perspective。Therefore,When using other social science methods to solve bet365 offer problems,Law must be the core。
Of course, the study or observation of the same object cannot be separated from the internal and external perspectives,But there are priorities between internal and external perspectives。Social science is a research method "introduced" by law,Must take "law as the body",Social science for use”。Social science law is the product of the integration of "law" and "social science",Social science methods are used to solve bet365 offer problems。So,Some scholars believe,If social science law does not start from bet365 offer issues and ultimately serve to solve bet365 offer issues,It may become a tree without roots、无根之平,Thus drifting to other disciplines。Some scholars also pointed out,There are different research approaches under the umbrella of social science law,Specifically including sociology of law、Law and Economics、bet365 offer Psychology、bet365 offer Anthropology and bet365 offer Cognitive Science, etc.,Basically use foreign discipline methods to analyze bet365 offer issues。
The problem is,Although the above research approaches and methods all wear the "hat of social science law",But their research objects and methods are different,It is difficult to form a truly unified “school of social science law”,The gap between them is no smaller than the gap between normative law and social science law。Normative law can accommodate other disciplines’ methods of interpreting law,General Politics、Economy、Society、Morality、The essence of social science law and value law from the perspective of culture,Integrate into specific、In the process of defining applicable specifications,And incorporated into the structure of the bet365 offer system or adjudicative norms。
It is necessary to apply bet365 offer norms to specific cases,The bet365 offer norms need to be explained。This interpretation process is a reshaping process from "bet365 offer norms" to "adjudicative norms",The interpreter’s subjective initiative is also reflected in this。
Standardizing bet365 offer science helps to cultivate bet365 offer thinking
Standardized law can cultivate the unique bet365 offer thinking of bet365 offer professionals。Carl Schmidt thinks,All bet365 offer thinking is based on rules、Decision、Concepts such as order and shaping are closely interdependent,On this basis, he proposed three models of bet365 offer thinking,i.e. rules and regulations model、Determination mode and specific order and shaping mode。In fact,Any bet365 offer thinking,Must follow bet365 offer rules、Specification、Order, value and other elements are used as the core to judge and think。bet365 offer thinking is to use bet365 offer norms and their purpose and value to think about issues、Analysis、Clarity、A thinking activity of judgment,Specifically including bet365 offer thinking、Three ways of thinking: bet365 offer thinking and bet365 offer thinking。
The basic logical starting point of bet365 offer thinking is “law”,Mainly emphasizes people’s thinking based on bet365 offer norms,Exploring the relationship between bet365 offer norms and facts,Used to resolve disputes in specific cases。Use bet365 offer thinking to solve problems,In fact, it is the process of interpreting the law,Therefore, bet365 offer doctrine thinking is the essence of bet365 offer thinking。bet365 offer thinking and bet365 offer thinking are both based on “law”,But the logical starting point of bet365 offer thinking is "the rule of law",Always take "law supremacy" and "rights protection" as the starting point of thinking。If the ruler only has the bet365 offer thinking concept of rule-based rule,The concept of rule of law without rights protection,No matter how well the rules are implemented,It is also difficult to achieve the ideal “good governance”。The logical starting point of bet365 offer thinking is bet365 offer theory,The principles behind the law、Principles、Purpose、Value。bet365 offer thinking is contained in bet365 offer thinking and bet365 offer thinking,bet365 offer thinking or bet365 offer thinking without bet365 offer thinking,It can only be bet365 offer thinking、Mechanical thinking、Dogmatic thinking or rigid thinking,Only by using bet365 offer thinking,Go beyond the law and clearly explain the bet365 offer principles behind the law,Only can the cold laws be turned into heart-warming music。
The above-mentioned bet365 offer thinking that bet365 offer professionals should possess,Can only be cultivated and established in bet365 offer education that standardizes law。The knowledge and technology of normative law cannot be provided by social science law,But it is a necessary skill and quality for all people engaged in the bet365 offer profession。Pointed out by Edward Kirk,Law is an art,It takes long-term study and practice to master。Master the “art”,Requires proficiency in understanding bet365 offer regulations、Explanation、Analysis、Argument、Methods such as reasoning or rhetoric。Normative jurisprudence emphasizes respect for bet365 offer rules and belief in the effectiveness of the bet365 offer order,Establishing a sense of rules and the supremacy of the rule of law,This is exactly what bet365 offer professionals need。
Constructing China’s independent bet365 offer knowledge systemInseparable from normative law
Normative law focuses on the basic categories of law、Construction of basic principles and basic theories。Since the new era,Historic achievements have been made in the construction of China under the rule of law,Comprehensively governing the country according to law creates a new situation,Continuous innovation in the field of bet365 offer theory,Many iconic concepts emerged、Original category。General Office of the CPC Central Committee、The General Office of the State Council's "Opinions on Strengthening bet365 offer Education and bet365 offer Theoretical Research in the New Era" clearly requires: summarizing and refining the subjectivity of socialist rule of law with Chinese characteristics、Originality、Identity concept、Opinion、Theory,Building China’s independent bet365 offer knowledge system。
It can be said,Building a socialist bet365 offer system with Chinese characteristics、Rule of Law in China、A country ruled by law、Law-based government、A society ruled by law、Government according to law、Government according to the constitution、Rule the country according to law、Government according to the constitution、Constitutional review, etc.,They are all original ideas proposed by the new era、Concepts and theories of contemporary nature。Scientific、Refined concepts、Category is the crystallization of cognition、The carrier of thoughts、Elements of knowledge system,It is a measure of the level of theoretical thinking of a nation。For these new concepts、Categories and theories,Only using the analysis method of normative bet365 offer science,Profound explanation of its rich connotations,Only in this way can we build China’s independent bet365 offer knowledge system,And then build the Chinese bet365 offer discipline system、Academic system and discourse system。
(Author’s affiliation: Shanghai Jiao Tong University Law School)
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