Find the normative relationship between the law and society
November 29, 2023 14:34 Source: "China Social Sciences", November 29, 2023, Issue 2783 Author: Yang Fan

"Pursuit of Fa -France Sociology: Method Review and Classic Reading" is the result of the author's achievements in the field of reading and thinking in the field of legal sociology for more than ten years。The book discusses many foundations and important issues,Such as "the dispute between social science law and law and religion", "relationship between law and society",Its view is also very inspiring and insight。Considering the author's main business is illegal science but civil litigation law,The creation of this book is valuable。other,Discussion on this book bias theoretical,Many chapters are interpretation of classic books,The probability of these content published in mainstream journals is very small,But the construction of the subject knowledge system is also very important。Therefore,The author insists on doing this "hard -working" guide work,Very difficult。

  

  

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The biggest feature of this book is the interdisciplinary nature of its content。This is not only a leap between the second -level Bet365 lotto review discipline of law (litigation law and jurisprudence),Also manifested as a leap between law and related disciplines (especially sociology)。my country's interdisciplinary research is not easy,There is the following reasons: First, the professional barriers of the legal knowledge of the law system in the mainland are higher,Study from social science scholars on cross -disciplinary fields such as law sociology。The second is the civil law、Traditional second -level disciplines such as criminal law have basically completed the doctrine,Scholars are not very interested in thinking about cross -disciplinary thinking。Third, in the field of jurisprudence,Some scholars are based on the purpose of "purification law",Relatively reject social sciences in methodology。However, in the field of litigation law,It is difficult to find the ultimate answer from the real law because of the problem of procedural justice,So most scholars are interested in interdisciplinary research。The author of this book as a litigant scholar,Have a strong social science care,and make many positive and beneficial attempts for breaking the restrictions of the discipline。

Of course,This academic field of interdisciplinary,Also related to the author’bet365 live casino games s thinking habits。The author of this book is a person who is very sensitive to the surrounding social environment,His perspective of legal geography,Detailed research on the daily operation of a grassroots court in Northwest China。A prerequisite for French Sociology is: Law as a phenomenon will link with society。Scholars often regard the law as a kind of social phenomenon,Knowing and examining the law in society,Also pay attention to the role of law on society。But the traditional law of law systems in the mainland emphasizes the law as the subjectivity and self -consontion of the law as an independent system。This difference is to some extent a difference in thinking methods,Can't talk about the best,The summary of this book is called "each of them" -This is a good starting point for thinking about the positioning of the subject of the law。

  Clear Disciplinary Positioning needs to be deepened 

The discussion of this book is questionable,Especially in the discipline positioning of the sociology of the law,It needs to be deepened。

First,Although this book emphasizes "Fragmatic Society is not necessarily an empirical study",Also discussed the classic theories of Scholars such as Tuergan and Weber,But the theoretical problems discussed in this book bet365 live casino games are slightly old,Failure to pay attention to the theoretical development and progress of French sociology。The relationship between the empirical research and theoretical research of this book,No clear answer。For example, in Chapter 3,The author transforms "as the theoretical society" into "the theory of‘ legal practice ’,It is believed that theory is some kind of reflection on "legal practice"。This simple summary can cover the theoretical aspect of most legal sociology from general instincts,But also missed some more abstract legal sociology theory research,"Research on Social Philosophy of Law"。

Next,Although most social theories are indeed a reflection and refinement of social practice,But what I can't deny is,There are many social theories that come from the goal set by the ideal philosophical concept。These social theories also propose standardized positioning of law in the operation of the law,and affect its specific operation,It is a part that cannot be ignored in the theoretical research of law sociology。For example,This book does not involve the "negotiating social theory" proposed by Habermas based on the concept of "communication",It has a direct impact on the birth of "legal discussion bet365 live casino games theory"。In fact,Whether it is Turkan or Weber's theory,Not just a simple abstraction for social practice,Among them, their standardized care is implicit,These theories are also hybrids of experience and standardization。Affected by the concept of pragmatism in the United States,The author only understands the relationship between "practice" and "theory" as a one -way "former born latter",Lost bias。

Last,The author does not agree that the author only regards French sociology as a "methodology" point of view,and more inclined to think of it as an important "paradigm" for law,Even the third legal paradigm tied with nature and empirical law。The word "paradigm" has discussed in this book,But it does not seem to distinguish it with "methodology"。The author understands the "paradigm" as the superior concept of "methodology",macro paths that play the role of basic and directional guidance in the discipline。

In short,The history of law is far from the various natural sciences and social sciences of modern times。It thought that the law was looking for "the foundation of justice" (or "standardized foundation") as its responsibility since its birth.。Traditional natural law dates back to the power of the justice bet365 live casino games of law; the empirical law after "removing charm" believes that the source of justice of the law can only come from the "positive law"。Faith can be said to be a subversion to the two,It associates the legal attributes of the law with "society"。The concept of "society" is definitely not as far away as "natural",It basically belongs to the category of "real",But it's not as determined as "real law".。As a legal paradigm, Law Sociology,It should be based on finding the normative relationship between Fa and society as its own responsibility。Under this framework,Research on various law sociology,Whether it is theoretical or experience,All are just different specific roads that connect the standards of law with society。Only look at the Sociology of the Fa thus,We can avoid caught in the words trap of the so -called "external perspective",Let it be a legal paradigm that is really worth "pursuing"。

  (The author is a professor at the School of Law of Jilin University) 

  

Editor in charge: Cui Bohan
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