The form below of the return method

Author: Sun Xiaoxia
Publisher:
Publish Date: 2003-02-01
Features: The development of Western legal philosophy demonstrates that even if it can be proven that contemporary Chinese legal theory has entered or even fully passed the stage of legal positivism, and even if it has the capability to surpass the stage of legal positivism through "opportunities of late development" to directly merge into the contemporary Western intellectual stream, it cannot completely detach itself from the concrete forms of legal systems and legal practice to explore the metaphysical content of law. In light of this, the 18 members of the "Legal Theory Discipline" at the Law School of Zhejiang University, based on nearly 15 years of legal theory research emphasizing practicality, have reached a relatively consensus academic understanding through years of mutual cooperation or joint discussions in teaching and research: Legal theory, including legal philosophy, is not an "applied discipline," but in the sense that it provides theoretical guidance and a foundation for departmental law and the operational aspects of legal practice, it remains a "practical discipline." As such a discipline, all its abstract principles are not given a priori or something that can be captured solely through speculation, but are originally derived from repeated recognition of concrete and vivid legal practices and the metaphysical phenomena of law. Based on this stance, we have proposed the disciplinary construction concept of "Return to the Metaphysical Realm of Law." Return to the Metaphysical Realm of Law is a special issue published by the Zhejiang University Law Review in 2002, edited by three professors of the Law School—Sun Xiaoxia, Lin Laifan, and Xia Lian'an—and collects papers on legal philosophy by faculty members and a small number of outstanding Ph.D. candidates. The book is divided into five parts: [Exploration], New Perspectives in Legal Philosophy; [Borrowing], Comparative Legal Perspectives; [Interaction], The Interaction Between Law and Economics; [Retrospection], Reinterpreting Legal History; [Reflection], Exchange of Methods and Ideas. This book reflects our fundamental stance. Although some of the works in it still bear certain innate marks or scars of the past; and exhibit a dazed demeanor after just awakening in methodology, it has, after all, presented our "return" collective momentum in the form and scale of an "anthology."