Legal Methods (Volume 5)

Author: Chen Jinzhao
Publisher:
Publish Date: 2006-02-01
Features: "A craftsman must first sharpen his tools before he can do his work well." Legal scholars use law to construct order, but merely a mind and hands are not enough to accomplish the task. Beyond this, it is necessary to enrich the mind and extend the hands through legal methods. It is clear that the realization of the rule of law and the construction of legal order depend on legal scholars and legal practitioners paying attention to legal methods in their research and practice of the rule of law. In recent three or five years, due to the attraction of judicial reform and the construction of the rule of law order, the study of law in our country has been quietly changing, which I call the "change from 'macro-narrative' to 'micro-argumentation'." The key point is the development of legal method research. Therefore, terms related to legal methods such as legal interpretation, legal reasoning, legal argumentation, legal discovery, gap filling, legal construction, precedent identification, interest balancing, and reasoning explanation have gradually become popular and sought after in legal writings and the words and deeds of legal practitioners.