On the Concept of "Applied Legal Philosophy" in Contemporary China
Cai Hong-wei
Abstract
Cai Hong-wei
Abstract
It can be suggested that making use of legal science and legal philosophy both of which are clearly-defined categories discusses problems in order to try to clarify the mess about the concept of applied legal philosophy through semantic analysis. Legal science indicates the thinking activities which research into the universal rules and interpretations of legal phenomena. General legal science and particular legal science can be differentiated as the inferior concepts of legal science. Legal philosophy indicates the activities of reflection and criticism targeted to legal thought itself. Both legal science and legal philosophy explore the fundamental problem of what is law. Applied legal philosophy indicates the activities of reflection and criticism targeted to legal thought in particular field. The mess about the concept of applied legal philosophy is based on two false premises,that is,confusing knowledge fruits and thinking activities on the one hand,the natural rationality of subject division on the other hand.
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It can be suggested that making use of legal science and legal philosophy both of which are clearly-defined categories discusses problems in order to try to clarify the mess about the concept of applied legal philosophy through semantic analysis. Legal science indicates the thinking activities which research into the universal rules and interpretations of legal phenomena. General legal science and particular legal science can be differentiated as the inferior concepts of legal science. Legal philosophy indicates the activities of reflection and criticism targeted to legal thought itself. Both legal science and legal philosophy explore the fundamental problem of what is law. Applied legal philosophy indicates the activities of reflection and criticism targeted to legal thought in particular field. The mess about the concept of applied legal philosophy is based on two false premises,that is,confusing knowledge fruits and thinking activities on the one hand,the natural rationality of subject division on the other hand.
Key concepts: Philosophy of law, Empirical legal studies, Legal realism, Legal profession, Legal science, Epistemology, Legal research, Law