2004Xiandai faxueRequires access

Law as Practical Reason

LI Gui-lin

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Abstract

Reason is an ever-present subject of jurisprudence. This jurisprudential topic has undergone a change turn from “rational law”to “legal reason”, which is, in fact, a change from theoretical reason to practical reason. The relationship between law and practical reason reveals that law is a representation of practical reason, law is the justification for acts, and law is practical information. Being practical reason, law also bears on objectivity. And the foundation of its objectivity lies in practical discourses.

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What this paper is about

Reason is an ever-present subject of jurisprudence. This jurisprudential topic has undergone a change turn from “rational law”to “legal reason”, which is, in fact, a change from theoretical reason to practical reason. The relationship between law and practical reason reveals that law is a representation of practical reason, law is the justification for acts, and law is practical information. Being practical reason, law also bears on objectivity. And the foundation of its objectivity lies in practical discourses.

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Available abstract

Reason is an ever-present subject of jurisprudence. This jurisprudential topic has undergone a change turn from “rational law”to “legal reason”, which is, in fact, a change from theoretical reason to practical reason. The relationship between law and practical reason reveals that law is a representation of practical reason, law is the justification for acts, and law is practical information. Being practical reason, law also bears on objectivity. And the foundation of its objectivity lies in practical discourses.

Key concepts: Objectivity (philosophy), Jurisprudence, Law, Philosophy of law, Subject (documents), Political science, Law and economics, Comparative law

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