On Legal System Theory——A Comparative Study
Qian Da-jun
Abstract
Qian Da-jun
Abstract
Legal System theory is an important content in the legal science research, is also an inevitable choice in studying and understanding legal norm, legal essence. There are some important differences between research on Legal System theory interiorly and Analytical Positivist Jurisprudence of discussion on Legal System in west, including the following three aspects: as the concept and as the method; as the objective entity and as the logical existence; Legal System's identity and Legal System's unity.
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Legal System theory is an important content in the legal science research, is also an inevitable choice in studying and understanding legal norm, legal essence. There are some important differences between research on Legal System theory interiorly and Analytical Positivist Jurisprudence of discussion on Legal System in west, including the following three aspects: as the concept and as the method; as the objective entity and as the logical existence; Legal System's identity and Legal System's unity.
Key concepts: Legal formalism, Legal positivism, Jurisprudence, Legal research, Empirical legal studies, Legal realism, Legal norm, Legal opinion