In the small campus of China University of Political Science and Law，The leaves have quietly changed the color，Before the falling leaves fall，I came to Professor Lei Lei's office，Pinxi Lake Longjing，New works for reading。Autumn is the harvest season，Suitable for summary、Sorting and reflection，The publication of "The Boundary of Jurisdiction" coincides with the time，It is the harvest of this autumn，Including the author of the author 26 books、Essays and notes，Although the article is short and short、The style is very different，But not messy with a mess，but the mark of the author's youth。

Eighteen years，The author thinks、translated、The writing is nothing more than in the concept of French、Value theory and methodology and other directions are difficult to tremble，touch and survey、Guardians and cultivation of Fa Confucianism。Read these texts，It seems to see the author paving the way on the vast land of jurisprudence、Tree plant、Open canal and bridge，One year after day after day，hard and happy。Occasionally on the top of the wilderness，Enjoy this moment of "silence and joy"，As the painting of the author daughter with the cover，That is the aftertaste and watch of Qiuyang。

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The territory of law has been available since ancient times，But the boundaries of jurisprudence bet365 live casino games are relatively late。As early as the ancient Greek period, Plato wrote the "Legal Articles" to discuss the moral foundation of the law，But after the 6th volume, the content of the horse began to discuss the criminal law、Civil Law and other topics that have nothing to do with legal science。Different from Plato，Sissero in ancient Rome seems to have a territory awareness，In the "On the Law", he refused to discuss with the Criminal Law with Kuntus as soon as he came up、Laws of fine branches such as civil law，But he did not actively designate the scope of science。It cannot be separated because of the knowledge of personnel and the knowledge of gods，They together constitute the law of ancient Rome。

Urbian once said: "Law is a knowledge about gods and personnel，is the science of justice and non -righteousness。"Personnel knowledge corresponds to the current departmental law，God's knowledge corresponding to law of law，The latter is the basis of the former，The two cannot nor separate。Although the scope of Fa Confucianism is blurred，But the boundaries of law are clearly determined。Later Aquina expanded the scope of God's affairs out of the religious position，Law is just a small part of its "Theology"，Although he retains the territory of law，But the independence of law is gone，God's instructions to promote people to reach the blessing，The method can not leave God and exist。Only when Hobbes rebuilt the country on the ground through "Livatin"，After becoming the product Bet365 app download of the national will，Fa -talented return to the world。But the law does not get its independence，In 1821, Hegel's "Principles of Law Philosophy" was published，I still think that "law is a department of philosophy"。Until 1832 Osdin's "Scope of Jurisdiction" published，Only the boundary of the legal science。

Austin went to Germany to study law in 1826，It should be exposed to the so -called philosophical law of Hegel， Back to Britain in 1828，A series of lectures on the Fa Confucian series at the University of London，The banner of the real evidence of the tree，Proposal of independent research scope of jurisprudence，Resolutely oppose the law of law as the vassal of other disciplines。He later organized the manuscripts of a series of lectures into the book of "The Province of Jurisprudence Determine"，Actually，The title of the book should be literally translated as "the boundary of the ruled jurisprudence"，This can better indicate the times and the theoretical ambitions faced by Austin。For hundreds of years，The reason why jurisprudence is not determined，It is because of the concept of "law" as the research object。Austin define the boundaries of Fa Confucianism by defining the "accurate law"，Looking forward to ending jurisprudence and political science、Ethics、Philosophy and other disciplines "cohabitation" days，Life in the unique courtyard in the separate unique courtyard。

But this is just the wishful thinking of legalism。For two hundred years，Law of interest in Germany、bet365 live casino games Free Law Movement and Law Sociology have been trying to demolish the legal barriers established by Austin，More legal realism in the British and American World、New Natural Law School re -incorporate the "metaphorical law" into the scope of law science，The boundaries of jurisprudence are getting blurred again。

　　Chinese context of the boundaries of jurisprudence

When jurisprudence came to China more than a hundred years ago，Because there is no corresponding name，It can only be introduced from Japan to the translation of RechtSphilosophie from Japan.，It is because the jurisprudence does not have a fixed boundary，People referred to the name of the name of the "jurisprudence" name that people re -created by Suiji Chen.。

1904，Liang Rengong wrote a long text summary and analyzed the legal doctrine of Zhuzi。Looking back from today's perspective，This is the second -order observation of the theory of the sons。Liang Rengong positions jurisprudence as a second -order observation，At that time, Chinese Law and Confucianism had no independent problem consciousness and ideological system。Although some textbooks such as "Law Theory" and "Law Outline" were also published later，But because there is no deep theoretical support，No consensus is formed by the formation of schools。At that time, I also translated some western laws and science works，For example, Montesquien's "Law" (1909)、Calison's "Pure Law" (1943)，But sporadic not system，Lack of consciousness of theoretical discipline。

After the founding of New China，Affected by bet365 live casino games the Soviet Union，Law Theory and State Reconstruction Binding。Until 1981 Peking University trial textbooks "Basic theory of Law" and 1982 The advent of the "Basic theory of Law" in the law of jesteor "Law of Law"，Legal science talents are decoupled from national studies，I took a solid step towards the road of independence。The name of "Jurisha" after ten years will be re -established，But the boundaries of jurisprudence are unhappy。For a long time，Research on Legal Study of the Hole Pale，Is a "grocery bag"，Problems that are not studied in other disciplines，It is the "remaining discipline" after minusing the law of the law of the law system。Response these views、Turning this trend has become the common mission of contemporary legal scholars，It is necessary，Be careful of the boundaries of science。

Scholars have made unremitting efforts for thirty years，Organization translated a series of translations，Jurisprudence gets rid of "childishness" and gradually enrich。Professor Lei Lei's eighteen years happened to be in this growth period of jurisprudence，He is also plowing in the growth process of jurisprudence，Translated with the classic works of nearly 20 Western law science，Hosted the "Legal Method Theory Translation", "Classic Translation of Legal Science", "Legal Philosophy and Law Theoretical Pocket Book Series Translation Series"，Especially the introduction of Merkel、Kyasson、Ralenz、Prosate、The theory of German jurists such as Horster，Sorting out the development of bet365 Play online games legal science and legal philosophy in Germany for two hundred years，With these theories, to investigate the boundaries of law in law。

From Professor Lei Lei's view，General jurisprudence can be divided into law concept theory、French ethics、Law methodology (judicial referee theory) and four branches of legal theory。The first three areas are the theory of "law"，Law theory is the theory of the first three theories，belongs to the second -order theory。So，The boundaries of jurisprudence consist of two dimensions and two dimensions，The concept of the first dimension around the law、Value and Judicial Application Expand，Answer "what is the law", "What value does the law" and "how to apply the method"，Rejects the two issues of "how the law is generated" and "the difference and connection between the law and other things" in the field of jurisprudence。From this，In the second dimension，Law History and Law Sociology、Law Politics、Data law, etc. are not within the "law theory"。According to this academic map，Social Science Law was driven out of the territory of jurisprudence in the first dimension，And natural law was absorbed within the scope of law ethics，Dissatisfaction with social science law scholars and natural law scholars，It has also erupted the argument between the doctrine and the law of social sciences。

Actually，The boundaries of jurisprudence are used to be broken，Each breakthrough stimulates the growth of the subject to a new stage，But this depends Bet365 app download on a premise -need to define its boundary。

　(Author is an associate professor at the School of Law of China University of Political Science and Law)