Essence of Jurisprudence

Author: Guo Daohui
Publisher:
Publish Date: 2005-11-01
Features: Preface On Jurisprudence
Section 1: The Concept of Law and Jurisprudence
1. The Concept of Law
(1) The Meaning of the Term "Law" / 002
(2) Formal Classification of Law / 003
(3) Normative Law vs. Actual Law / 004
2. The Characteristics of Jurisprudence
(1) Similarities and Differences Between Jurisprudence and Natural Sciences / 005
(2) Similarities and Differences Between Jurisprudence and General Social Sciences / 006
(3) Similarities and Differences Between Jurisprudence and Humanities / 007
Section 2: Perspectives and Jurisprudential Thinking
1. Diversified Ways of Thinking and Perspectives
(1) There Is More Than One Truth: Multi-faceted Perspectives and Multi-dimensional Thinking / 008
(2) Diverse Answers Do Not Necessarily Prove Who Is Right or Wrong / 009
2. Human Beings
(1) Law Can Bring the Dead Back to Life / 010
(2) The Legal Concept of Human Beings / 011
(3) Human Beings in Constitutional Relations / 011
(4) Human Beings in Civil Legal Relations / 012
(5) Human Beings in Criminal Law / 013
(6) Human Beings in Litigation Legal Relations / 014
3. Facts
(1) Natural Facts vs. Legal Facts / 014
(2) Characteristics and Requirements of Legal Facts / 015
4. Reason and Emotion
(1) "Reason and Emotion Are the Life of Law" / 016
(2) Measuring Circumstances and Judging Reason Since Ancient Times / 017
5. Legal Thinking Logic
(1) Assumption / 018
(2) Presumption / 019
(3) Fictitious Creation / 019
(4) Comparison / 020
(5) Reasoning / 021
Section 3: The Object, Disciplines, and Schools of Jurisprudence
1. The Object of Jurisprudence
(1) Legal Phenomena vs. Legal Phenomena / 022
(2) Different Views of Various Schools on the Object of Jurisprudence / 029
2. The Disciplines of Jurisprudence
3. The Schools of Jurisprudence
(1) Natural Law School / 026
(2) Analytical Law School / 029
(3) Social Law School / 030
Section 4: Jurisprudence and the Mission of Jurists