Scope of Jurisprudence

Author: John Austin
Publisher:
Publish Date: 2002-01-01
Features: Preface to the Collection of Western Philosophy of Law in China
The translation of Western legal classics by the Chinese, introducing Western law, began in the late Qing Dynasty during the reform and transformation period. Initially, it was out of necessity, aiming to explore the techniques for prosperity and assistance in governance. Later, it evolved into a pursuit of legal principles, seeking the transformation of form and function, completely overhauling governance models and methods. Then, in the process of diplomacy and balance, it delved into the interaction between facts and rules, investigated the evolution of legal intent and human nature, and strived to properly arrange human life. Over these hundred years, from East to West, through accumulated labor and wisdom, it has not only guided the tragic struggle of the Chinese nation to reconstruct the rules and order of the human world but has also inevitably converged into a stream, shaping the ideal and pleasant life for all humanity through the fusion and resonance of different cultural types. This is the legal and philosophical thought of our Chinese nation.
The "Collection of Western Philosophy of Law" continues the legacy of predecessors, selecting well-regarded Western legal works of recent times and translating them into Chinese, compiling them into a series. All discussions on traditional jurisprudence and philosophy of law, regardless of whether they come from the or legal traditions, are within its scope. Legal scholars, starting from scratch and working together, have dedicated themselves to this endeavor to enrich the legal meaning in Chinese and enhance understanding and mutual accommodation between different legal systems.
If law is not only a system of rules but also a system of meaning, then the compilation of this collection should aim to connect legal meaning with legal systems, exploring the meaning behind the rules and the human nature deep within life. If recent human history has clearly shown us not only that law is a public good for all but also that it is a natural expression of the nation, with inherent tensions that need to be reconciled, then the compilation of this collection should seek harmony and contribute to a peaceful coexistence. This is both the origin of the collection and its purpose, as well as the aspiration of all the translators!
Xu Zhangrun, Shu Guoqing, Kong Dan
Autumn of the 2552th year of the Western Era, 2001