2011•Journal of Shandong UniversityRequires access

The Arrival of the Era of Methonology for the Rule of Law:A Review of Research on Legal Methodology in 2010

Chen Jin-zhao

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Abstract

The most distinct feature of research on legal methodology in 2010 is that legal methodology has become recognized as highly necessary for the rule of law in China in transition.In the past year great attention has been paid to the study of traditional subjects in legal methodology,such as legal interpretation and legal reasoning.Meanwhile,positive studies on legal practices have been growing constantly in number,suggesting the flourishing of the subject.Chinese scholars have started the construction of legal method system and its theories centering on the rule of law.In addition,they are putting forward better theories in response to judicial practices.We are confident that the rule of law will enter a new stage of intensitve study and legal methods will play a more important role in the construction of rule of law in China.

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The most distinct feature of research on legal methodology in 2010 is that legal methodology has become recognized as highly necessary for the rule of law in China in transition.In the past year great attention has been paid to the study of traditional subjects in legal methodology,such as legal interpretation and legal reasoning.Meanwhile,positive studies on legal practices have been growing constantly in number,suggesting the flourishing of the subject.Chinese scholars have started the construction of legal method system and its theories centering on the rule of law.In addition,they are putting forward better theories in response to judicial practices.We are confident that the rule of law will enter a new stage of intensitve study and legal methods will play a more important role in the construction of rule of law in China.

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Available abstract

The most distinct feature of research on legal methodology in 2010 is that legal methodology has become recognized as highly necessary for the rule of law in China in transition.In the past year great attention has been paid to the study of traditional subjects in legal methodology,such as legal interpretation and legal reasoning.Meanwhile,positive studies on legal practices have been growing constantly in number,suggesting the flourishing of the subject.Chinese scholars have started the construction of legal method system and its theories centering on the rule of law.In addition,they are putting forward better theories in response to judicial practices.We are confident that the rule of law will enter a new stage of intensitve study and legal methods will play a more important role in the construction of rule of law in China.

Key concepts: Flourishing, Legal research, Empirical legal studies, Law, Legal profession, Rule of law, Legal realism, Philosophy of law

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