2010•Fazhi yu shehui fazhanRequires access

From the Scope and Character of Legal Philosophy to See the Research of Philosophy of Branches of Law

HU Ping-ren

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Abstract

It is different from jurisprudence,which was based on law epistemology and law methodology and laid emphasis on empirical aspects and application areas,both on the parts of solid card and practice,legal philosophy laid emphasis on philosophy's summarize and research from legal itself and valuable parts. As it's spirit character and way of thought,legal philosophy is a kind of premise reflection which check and ask about not only the target's necessary prerequisite,but also the origin and innate character of legal,universal principles; it is a kind of logical reflection,which asks about the origin and unfold of logic on legal of thesis and theory; also it is a kind of value reflection,which deeply ask about the rule of law and legal thesis,proper nature. The connection between the philosophy of branches of law and legal philosophy's theory is not apply mechanically or simply adopted,but based on survey and criticized on some relevant research of department legal,and pay attention to the harmonious of the relevant departmental laws.

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What this paper is about

It is different from jurisprudence,which was based on law epistemology and law methodology and laid emphasis on empirical aspects and application areas,both on the parts of solid card and practice,legal philosophy laid emphasis on philosophy's summarize and research from legal itself and valuable parts. As it's spirit character and way of thought,legal philosophy is a kind of premise reflection which check and ask about not only the target's necessary prerequisite,but also the origin and innate character of legal,universal principles; it is a kind of logical reflection,which asks about the origin and unfold of logic on legal of thesis and theory; also it is a kind of value reflection,which deeply ask about the rule of law and legal thesis,proper nature. The connection between the philosophy of branches of law and legal philosophy's theory is not apply mechanically or simply adopted,but based on survey and criticized on some relevant research of department legal,and pay attention to the harmonious of the relevant departmental laws.

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Available abstract

It is different from jurisprudence,which was based on law epistemology and law methodology and laid emphasis on empirical aspects and application areas,both on the parts of solid card and practice,legal philosophy laid emphasis on philosophy's summarize and research from legal itself and valuable parts. As it's spirit character and way of thought,legal philosophy is a kind of premise reflection which check and ask about not only the target's necessary prerequisite,but also the origin and innate character of legal,universal principles; it is a kind of logical reflection,which asks about the origin and unfold of logic on legal of thesis and theory; also it is a kind of value reflection,which deeply ask about the rule of law and legal thesis,proper nature. The connection between the philosophy of branches of law and legal philosophy's theory is not apply mechanically or simply adopted,but based on survey and criticized on some relevant research of department legal,and pay attention to the harmonious of the relevant departmental laws.

Key concepts: Philosophy of law, Jurisprudence, Law, Legal realism, Epistemology, Empirical legal studies, Legal research, Legal formalism

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