Preamble of Applied Legal Philosophy: Its Attribute and Methods
Wenxian Zhang
Abstract
Wenxian Zhang
Abstract
As an important constituent of modern legal philosophy,applied legal philosophy is the extension of philosophy of law.Due to its attributes of legal philosophy,the reflective research in applied legal philosophy must apply the theoretical framework,research paradigm and methods of legal philosophy in order to clear up the barriers between legal philosophy and jurisprudence,eliminate the disjunction between legal philosophy and jurisprudence and promote the close integration of the two.Methodologically,applied legal philosophy can make semantic analysis to overcome the limitation of the defining method,eliminating the semantic confusion caused by academic arguments.Value analysis can also be used to deal with the problems caused by instrumentalism,technologism and dogmatism.In addition,the reflective method could be used to discover the fundamental principles of the applied legal philosophy and some premises questions,constantly having theoretical innovation and renewed ideas to guide the legal practice.
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As an important constituent of modern legal philosophy,applied legal philosophy is the extension of philosophy of law.Due to its attributes of legal philosophy,the reflective research in applied legal philosophy must apply the theoretical framework,research paradigm and methods of legal philosophy in order to clear up the barriers between legal philosophy and jurisprudence,eliminate the disjunction between legal philosophy and jurisprudence and promote the close integration of the two.Methodologically,applied legal philosophy can make semantic analysis to overcome the limitation of the defining method,eliminating the semantic confusion caused by academic arguments.Value analysis can also be used to deal with the problems caused by instrumentalism,technologism and dogmatism.In addition,the reflective method could be used to discover the fundamental principles of the applied legal philosophy and some premises questions,constantly having theoretical innovation and renewed ideas to guide the legal practice.
Key concepts: Philosophy of law, Jurisprudence, Empirical legal studies, Legal formalism, Legal research, Epistemology, Philosophy education, Western philosophy