Analytical Jurisprudence

Author: Xu Guo'ai
Publisher:
Publish Date: 2005-10-01
Features: Whether it is Hegel's philosophy of law or Montesquieu's theory of the separation of powers, whether it is Rousseau's social contract theory or Pound's social control theory, all shine with the brilliant light of Western legal civilization. The Western legal schools and trends that have continuously emerged in the long course of history are a vivid embodiment of this civilization. The "Western Legal Schools and Trends" series comprehensively presents the doctrines, origins, and developments of various Western legal schools and trends in China, providing readers with a brand-new resource for understanding Western legal thought. — Zhang Wenxian (Vice President of the China Legal Society, Secretary of the Party Committee of Jilin University, Professor and Doctoral Supervisor of Law)
The process of modernizing the world's legal system is historically diverse and stable. Understanding Western legal schools and trends is highly beneficial for grasping their core theories and essence. The "Western Legal Schools and Trends" series provides an excellent overview of legal schools and trends as part of Western legal civilization, outlining the clear contours of Western legal wisdom and reasoning over a thousand years. This series helps broaden perspectives, absorb key insights, and promote the modernization of China's legal system. — Gong Wuxiang (President of the Jiangsu Higher People's Court, Professor and Doctoral Supervisor of Law)
In the long history of the development of human legal thought, the wisdom of countless legal scholars and the spirit of various legal schools and trends have been integrated. Each school and trend contains profound philosophical insights, representing different components of human civilization's progress. Where does the wisdom of legal scholars lie, and where can one find these thought-provoking philosophies? The "Western Legal Schools and Trends" series, with its systematic, concise, and clear writing, and its richly illustrated pages, provides preliminary answers. — He Qinhua (President of East China University of Political Science and Law, Professor and Doctoral Supervisor of Law)
Analytical jurisprudence, which emerged in the mid-19th century, was one of the most influential legal schools of the 19th century. Analytical jurisprudence emphasizes that the object of legal research is positive law, meaning the empirical study of current legal norms. Through logical and linguistic analysis of legal rules, norms, or institutions, it forms general legal concepts, principles, and systems. Analytical jurisprudence excludes morality from the scope of legal research and disregards the diverse applications of law in practice, believing that both bad and good laws are still laws. However, as a method of legal research, analytical jurisprudence has continued to this day and has had a significant impact on later generations.