Legal Methods (Volume 5)

Author: Chen Jinzhao
Publisher:
Publish Date: 2006-02-01
Features: "A craftsman must first sharpen his tools before he can work skillfully." Legal scholars construct order through law, yet a single mind and pair of hands are insufficient to accomplish the task. Beyond this, it is necessary to enrich the mind and extend the hands through legal methods. It is evident that the realization of the rule of law and the construction of legal order depend on legal scholars and practitioners focusing on legal methods in their research and practice of the rule of law. In recent three or five years, due to the allure 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 term the "shift from 'macro-narrative' to 'micro-justification.'" The key aspect of this change 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 discourse of legal practitioners.