Legal Theory Essentials

Author: Zhang Hengshan
Publisher:
Publish Date: 2004-08-01
Features: This work primarily focuses on exploring and pursuing the pure principles or theoretical principles of law. To obtain such purely theoretical principles, it is necessary to temporarily set aside the complex and chaotic reality of law, simplify the background conditions of the examination of law as much as possible, and retain only the necessary and fundamental conditions for the formation of principles. Critics may argue that the fundamental principles and principles of law described in this manner are too idealized and too far from reality, making them difficult to achieve in social reality. The author's view is that the mission of theoretical research lies precisely in first clarifying the principles as much as possible in a purely theoretical sense. On this basis, further consideration can be given to the limitations of real-world societies, the modification of purely theoretical principles, and the proposal of practical principles that are feasible in real-world societies and close to purely theoretical principles and principles. The logical framework of this book is roughly as follows: starting with the research on the driving mechanisms of human behavior (Chapter 1) as a foundation, it introduces the phenomenological analysis of legal rules (Chapter 2), then discusses the sources of legal rules—the theoretical sources (Chapters 3 and 4), historical sources (Chapters 5 and 6), and real-world sources (Chapter 7). Next, it examines the guiding key issues related to legislation—the real-world source of legal rules. The value of law centered on justice (Chapters 8, 9, 10, and 11); subsequently, it analyzes the concepts of obligation, legal obligation, legal rights, legal liability, sanctions, and punishment, as well as the discussion of the basic principles for setting them in legislation (Chapters 12-17). Compared to existing textbooks on legal theory, the issues discussed in this book may not be comprehensive, and the purpose of this book is not "comprehensiveness." This book primarily focuses on deriving the principles of legislation and interpreting the basic concepts of law in line with these principles.