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2007•Journal of Shandong UniversityRequires access

The changing of legal concept's means: on the views of three legal theory schools

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Abstract

The difference ontology attitudes which natural law jurisprudence,analytic jurisprudence and social jurisprudence owns,decide the difference ways which they deal with the interpretation of legal concept.We find that the two former schools always run into agnosticism in the logical operation,but the latter leads to absolutely uncertainty.So,in order to release the means of legal concept,we have to choose a proper view of legal ontology.

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What this paper is about

The difference ontology attitudes which natural law jurisprudence,analytic jurisprudence and social jurisprudence owns,decide the difference ways which they deal with the interpretation of legal concept.We find that the two former schools always run into agnosticism in the logical operation,but the latter leads to absolutely uncertainty.So,in order to release the means of legal concept,we have to choose a proper view of legal ontology.

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Available abstract

The difference ontology attitudes which natural law jurisprudence,analytic jurisprudence and social jurisprudence owns,decide the difference ways which they deal with the interpretation of legal concept.We find that the two former schools always run into agnosticism in the logical operation,but the latter leads to absolutely uncertainty.So,in order to release the means of legal concept,we have to choose a proper view of legal ontology.

Key concepts: Jurisprudence, Interpretation (philosophy), Ontology, Agnosticism, Order (exchange), Epistemology, Empirical legal studies, Natural (archaeology)

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