Lectures on Jurisprudence (Volume 1)

Author: Fu Zitang, Editor-in-Chief
Publisher:
Publish Date: 2006-10-01
Features: The discipline of Legal Theory at Southwest University of Political Science and Law was approved by the State Council Academic Degrees Committee in 1979 to grant master's degrees, making it one of the earliest established second-level disciplines with such authorization in the country. In 1992, it was designated as a university-level key discipline, and in 2000, it was recognized as a municipal-level key discipline by Chongqing Municipality. In 2003, it was approved as a doctoral degree-granting program, and in 2004, it began admitting doctoral students. Southwest University of Political Science and Law has always attached great importance to the academic accumulation and inheritance in the construction of foundational disciplines. Under the founding, leadership, and mentorship of senior scholars such as Professor Lu Yun, Professor Li Guozhi, Professor Wang Ming San, Professor Niu Chuan Cheng, Professor Wang Fang Zhong, Professor Wu Guang Hui, and Professor Li Quan, the discipline has thrived through successive generations of scholars, ensuring the continuation of academic traditions. Through years of dedicated effort, this discipline has nurtured numerous outstanding teaching and research talents, maintaining a well-structured academic team with solid theoretical foundations and a spirit of exploration. It has made significant contributions in fields such as modern jurisprudence, Marxist legal thought, legal philosophy, legal sociology, legislative studies, comparative law, and Western jurisprudence, forming its own distinctive characteristics and traditions. However, tradition must be "transmitted" to remain vibrant and flourish. The senior scholars have already devoted immense effort and made outstanding contributions to this cause. Now, they have passed the "torch of tradition" to us, entrusting us with its continuation and further development. The task remains the same—building the discipline of jurisprudence; the context is similar—both are set against the backdrop of transformation. Yet, the circumstances differ. Today, the "transformation" of "transitional China" is becoming increasingly evident, with a myriad of emerging issues and ever-evolving theories. While presenting new demands and challenges, it also creates new opportunities. Therefore, we propose the guiding principle of "Engaging with Classics, Focusing on Reality; Embracing Diversity, Cultivating Tolerance."
Classics are the crystallization of human thought, a treasure trove left by great thinkers and legislators for humanity, a source of continuous inspiration. Intellectual giants possess extraordinary wisdom to perceive human desires and fathom the complexities and depths of human nature. They are always concerned with human happiness, and the questions they raise are fundamental ones that humanity must confront. To engage with classics is to confront oneself; to read classics is to understand oneself. This is the original impulse of thought and scholarship. Engaging with classics provides scholarship with a broad foundation; through the eyes of the great, we can see farther. Classics are to scholarship what the earth is to trees—only by deeply rooted in the earth can trees grow tall and strong.
Reality is the immediate condition of human existence, the direct object of human perception, and the primary context that stimulates human thought. Humans do not live in a vacuum but experience joy, sorrow, and everything in between in the vibrant reality. Legal predecessors distinguished between "law in books" and "law in life." "Law in books" is clear in content and consistent in logic but lacks flexibility, even becoming rigid and stagnant. Only by tempering it with "law in life" can "law in books" be infused with the warmth it deserves. Focusing on reality gives scholarship the correct direction; understanding life allows thought to touch hearts.
Within the modern academic knowledge system, no discipline can afford to reject the achievements of others, and jurisprudence is no exception. If overly focused on law itself, we may lose sight of the bigger picture and fail to recognize the true essence of things. Just as one must leave home to understand one's homeland or leave Earth to comprehend the planet, one must step outside the confines of law to grasp jurisprudence. Only by accommodating and diligently absorbing the new findings of other disciplines can we find fresh perspectives on law and discover new pathways into jurisprudence. This is what is meant by "the principle of law lies beyond law."
The "Southwest Jurisprudence Doctoral Program Construction Project Series" upholds this, primarily featuring the achievements of the jurisprudence doctoral program at Southwest University of Political Science and Law. It includes research projects by the advisory team, theses of doctoral and master's students, as well as records of visiting lectures by renowned scholars from home and abroad. Lectures on Jurisprudence is one such effort and attempt. Here, you will find both classic interpretations, such as "Four Topics in Pre-Qin Confucian Political Philosophy," "A Critical Examination of Hegel's Dialectics," and "An Introduction to Plato's Laws," and contemporary concerns, such as "My Academic Journey and the Development of Chinese Social Sciences," "The Crisis of Chinese Culture and Its Solutions," "Confucian Legal Culture: Inheritance and Trends," "Contemporary University Systems and Spirit," and "Caring for Our Alma Mater." There are philosophical deductions, such as "Deng Xiaomang: A Critical Examination of Hegel's Dialectics," and economic analyses, such as "Sheng Hong: Judges' Decisions and Public Choice." There are judicial reflections, such as "Du Wanhua: A Jurisprudential Review of China's Interpretive Judgments," and scholarly theories, such as "Jiangshan: The Value Transformation of Legal Philosophy," "Liang Zhiping: Law and Credit," and "Li Xiaoping: Law and History: An Introduction to the Historical Spirit of Chinese Law." There are nationally renowned experts and scholars, as well as doctoral and master's students who have recently emerged in academia. In short, the content is rich and diverse.
This is an inclusive and open platform, as well as a space for exchange and dialogue. Through critique and rebuttal, views are clarified, and ideas are elevated. Here, scholars gather to deliberate and find common ground. Through communication, we deepen mutual understanding and strengthen friendships. During the organization of past lectures, the esteemed keynote speakers, moderators, and commentaries generously supported the initiative. Teachers such as But Yan Zheng, Liao Hai Feng, and Yu Lan Zhen from the School of Scientific Research also devoted significant effort. In the process of recording and editing the manuscripts, in addition to the students already named at the end of each piece, doctoral students from the three grades of the Jurisprudence program—Hu Jian Xing, Wang Heng, Zhou Zu Cheng, Zhao Shu Kun, Lu Xing Fu, Xiong Yi Jun, Cao Ming, Su Wan Er, Li Wei Ying, Guo Xiang Hong, Zhou Li, Qing Wei Fu, Deng Wei, Liu Ying, Zhang Wei, Xie Bao Hong, Chen You Qing, Hu Jun, Xia Yan, Yue Li, and Zhuang Xiao Hua—as well as master's students Jiang Hai Song, Chu Chen Ge, and Wang Hai Qin—actively participated, patiently assisting the editor-in-chief with extensive proofreading and editorial work. The Academic Division of the Legal Press, led by Director Mao Yuan Sheng and edited by Dong Yan Bin, also provided invaluable support, working tirelessly to ensure the smooth publication of this book. Our sincere gratitude goes to all of them!
Lectures on Jurisprudence Volume 1 marks the beginning of a journey and signifies a long-term endeavor. Therefore, we sincerely invite more academic friends to visit Southwest and join us in advancing the cause of scholarship.