Legal Argumentation and Legal Method

Author: Qi Yuan
Publisher:
Publish Date: 2005-05-01
Features: Those with some knowledge of jurisprudence know that the three concepts of jurisprudence, legal argumentation, and legal methodology cannot be lumped together. Yet, they are combined here under one title for two reasons: , three years ago, I, along with a few fellow scholars, applied for and was honored to receive a research grant for a project titled "Theoretical Research on Legal Argumentation." Three years have passed, and due to objective circumstances, the project has not been fully completed as originally planned. Now, to wrap up the project, some related writings must be produced. Therefore, the article before you must be titled in relation to the project's name. This is the material reason. The second reason is that in recent years, I have delved into the field of jurisprudence, and through my reading and reflections, I have come to deeply appreciate the importance of clarifying concepts, defining categories, establishing propositions, and exploring issues in teaching and research for the correctness of a theory. In teaching, if law students can truly grasp the fundamental concepts and propositions of jurisprudence and understand the origins and developments of the "problem domain," it can lay a solid foundation for their future study of substantive law. In research, if scholars strive to conduct in-depth and accurate studies on concepts, categories, propositions, and issues, it is the most direct path to mastering the depths of jurisprudence. The purpose of this article is to connect some of my recent insights from teaching and research through an analysis of these three concepts. I hope the readers will offer their guidance. This is the metaphysical reason.
Content Summary: This book, in the form of essays, discusses the basic theories of legal argumentation and explores various specific legal methods.