Frontier of Law (Issue 5)

Author: Compiled by the Editorial Committee of this book
Publisher:
Publishing Time: 2003-10-01
Features: As a publication for intellectuals, Tianze is not only attuned to the sounds of the wind, rain, and the call of books, but also concerned with the affairs of the family, the nation, and the world. The difference lies in that when it focuses on social hot issues, it pays more attention to the underlying institutional causes. Therefore, on one hand, it does not wish people to merely analyze major events in isolation or attribute their causes solely to individuals; on the other hand, it calls on intellectuals not to remain confined to their studies, as their theories, no matter how profound, lack value if they cannot be transformed into solutions to social problems. Tianze not only aims to reflect the interactions in institutional change but also hopes to be part of the interaction, and even to play a significant role in the formation of a new order.
Sheng Hong (Editor-in-Chief of Tianze): Law is inherently not "frontier." The original concern of law is how to resolve the daily affairs of ordinary people, and what is there about daily life that is "frontier"? There is only one thing after another—mundane but potentially important, even life-and-death matters. Although things vary in size, and the people and interests involved may differ, all issues must be resolved. Small problems can become significant for specific individuals at specific times, and the interests involved may also be substantial. Therefore, law is inherently ordinary, trivial, and even somewhat vulgar—it is about competing for reputation in court and profits in the market. In Western terms, it is the "struggle for rights." For this reason, law emphasizes the rationality of ordinary people and practical reason.
However, even the most mundane things, when done repeatedly, can accumulate some experience; even the most trivial experiences, when accumulated over time, can spark a little inspiration and lead to numerous associations. This is knowledge—a relatively stable and useful experience that gains market value due to social demand, and is dignified with the name: jurisprudence. But this is still not "frontier." Can we say that criminal law or civil law is "frontier"? Or that constitutional law or administrative law is "rear"? Or the opposite? Even new issues in law, or occasional exceptions, may not necessarily be "frontier." Such issues, if not universal, can be handled by exceptions—special cases handled on a special basis—in English called excepiion. If they become increasingly frequent, they will inevitably gradually form a new pattern for handling such issues, creating a new category, such as the current cyber law. It may be new, and it may have the potential, but it is still not necessarily "frontier."
The emergence of the "frontier" is related to the transition of law from a professional body of knowledge (a body of knowledge) to being systematized, theoretical, and formalized, and to its attempt to become academic. Once any discipline begins to systematize and theorize, it must generalize and abstract, which means excluding some things and highlighting others.