2009The Northern ForumRequires access

On Legal System Theory——A Comparative Study

Qian Da-jun

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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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What this paper is about

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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Available 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.

Key concepts: Legal formalism, Legal positivism, Jurisprudence, Legal research, Empirical legal studies, Legal realism, Legal norm, Legal opinion

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