Jurisprudence

Author: Li Long
Publisher:
Publish Date: 2003-09-01
Features: This book is based on the basic spirit of the 21st-century legal education reform proposed by the Ministry of Education of China, guided by the teaching syllabus on jurisprudence issued by the Ministry of Education, and closely aligns with the practical needs of the National Judicial Examination. It is an innovative textbook that reflects the latest research findings in contemporary Chinese jurisprudence. The book meets the needs of undergraduate legal education, providing normative and foundational explanations of fundamental principles and their specific applications in legal theory. At the same time, it emphasizes the integration of theory and practice, combining basic knowledge with theoretical innovation, making certain breakthroughs in the system, structure, legal values, legal development, and legal operation of jurisprudence.
The book first achieves innovation in its system, dividing jurisprudence into six theories: Ontology, Development Theory, Value Theory, Category Theory, Movement Theory, and Relational Theory. It addresses fundamental issues in jurisprudence, such as the origin, nature, and elements of law, and offers a unique exploration of the character of law. The second part, Development Theory, elucidates the laws governing the emergence, evolution, and development of law, particularly revealing the paths of legal development, such as the abolition and inheritance of law, the transplantation and innovation of law, and the stability and transformation of law.
The third part, Value Theory, reconstructs the legal value system, arguing that human rights are the ultimate value of law, justice is its core value, and the conflicts and adjustments between values such as freedom and order, fairness and efficiency. The fourth part, Category Theory, discusses several fundamental categories that serve as pillars of the legal edifice: rights and obligations, rule of law and rule by man, good law and bad law, legal consciousness and legal order, and legal behavior and legal consequences.
The fifth part, Movement Theory, analyzes the entire process of legal movement—lawmaking, law enforcement, judicial administration, legal compliance, and legal supervision—from a dynamic perspective. This part not only outlines theoretical issues related to legislation, judicial administration, and legal compliance but also demonstrates, from a practical standpoint, how to apply law, thereby clarifying the practical issue of how law is applied.
The sixth part, Relational Theory, treats law as a system interacting with external systems, dissecting the relationships between law and democracy, morality, policy, political civilization, science and technology, and society. This book serves as a textbook for legal majors in higher education, an important reference for the National Judicial Examination, and is also suitable for students in other disciplines and general readers.