The Object and Scope of the Methodology of Jurisprudence Research
Wang Xia-hao
Abstract
Wang Xia-hao
Abstract
The methodology of jurisprudence is not only an important content of jurisprudence research but also is intimately related to legal practice.Unfortunately,it seems that Chinese jurists have no clear understanding or made no clear delineation of legal methodology.This author maintains that the methodology of jurisprudence includes: the source of law,the identification of legal facts,interpretation of law,filling in gaps in the law,the legal system,etc.
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The methodology of jurisprudence is not only an important content of jurisprudence research but also is intimately related to legal practice.Unfortunately,it seems that Chinese jurists have no clear understanding or made no clear delineation of legal methodology.This author maintains that the methodology of jurisprudence includes: the source of law,the identification of legal facts,interpretation of law,filling in gaps in the law,the legal system,etc.
Key concepts: Jurisprudence, Scope (computer science), Law, Legal research, Interpretation (philosophy), Object (grammar), Identification (biology), Philosophy of law