Research on Twentieth-Century Western Legal Philosophy Trends

Author: Zhang Wenxian
Publisher:
Publish Date: 2006-01-01
Features: Throughout the entire process of the research, the author consciously adheres to the guidance of Marxism when dealing with Western philosophy as a legal theory resource, using Marxist legal principles and methodology as the basic standard for evaluating Western legal theory. On this basis, the author maintains the following research attitudes and methods: , a scientific attitude, which means maximizing the acquisition of sufficient primary sources, determining the "authentic" meaning of Western legal philosophical schools in a realistic manner, and avoiding arbitrary selection and interpretation of materials; neither "interpreting the Classics through me" nor "interpreting me through the Classics," opposing pragmatism; neither simply affirming everything nor simply negating everything. Second, an attitude of examination, reflection, and critique, which means not blindly accepting or passively receiving; persisting in using a critical eye toward every viewpoint, every legal scholar, and every legal philosophical school, attempting to achieve profound understanding through sharp critique. Third, a comparative method, which involves comparative analysis of Western legal philosophical schools and paying attention to combining the comparison of theoretical viewpoints and theoretical systems with the comparison of their political ideologies and social impacts. Fourth, a historical method, which involves both historically reconstructing and historically evaluating the theories and methods of Western legal philosophy. Fifth, a combination of macro-comprehensive and micro-analysis, where macro-comprehensive research primarily focuses on the historical, social, cultural, and practical contexts, political positions, theoretical trends, and general characteristics of various legal philosophical trends. Micro-analysis primarily focuses on specific categories and viewpoints. Sixth, an analytical structure that first decomposes Western legal philosophical trends into schools and theoretical hotspots or basic theories, and then studies them one by one.