Law and Practical Reason

Author: Yan Ju'an
Publisher:
Publication Date: 2003-05-01
Features: Different types of soil shape different forms of consciousness. Even the same ideas must be communicated through different expressions. Law happens to be a conceptual existence. Different philosophies attempt to present the truth through different expressions, and the truth always has some foundation in a principle or logos. As a particularized form of truth, whether it is expressed in speech, ideas, rules, institutions, or an guillotine, its logos is always thought and practiced by us. Jurisprudence, legal philosophy, legal theory, and even all legal discussions and judicial practices are merely expressions of thought or actions by individuals with different forms and levels of consciousness. This book includes nine articles, divided into three parts.
Part "Foundations of Jurisprudence and the Concept of Law" generally explains jurisprudential issues and examines the fundamental question of "What is law?" through the history of legal thought and legal systems. The second part, "Development of Practical Reason," further explores the relationship between the concept of law, legal thinking, and practical reason through three articles. It also connects the discussion of the concept of law with political philosophy and ethics through the study of the history of natural law. The third part, "Rights and Ethics," not only discusses the scope of legal ethics and legal institutional theory but can also be seen as an effort in jurisprudential practice. The three articles included in this part address issues of bioethics, technology, and legal institutions, offering suggestions and influences on policy formulation. The third article is the author's remarks from a conference on the Justices' Conference, explaining the substantive basis for why the university's common compulsory courses are constitutional.