Jurisprudence, Legal Philosophy, and Legal Methodology

Author: (USA) Robert C. Bork
Publisher:
Publish Date: 2004-01-01
Features: Translating this comprehensive work of legal philosophy has two main purposes: First, it aims to lay some intellectual groundwork for the reconstruction of Chinese jurisprudence, as Chinese jurisprudence was then caught in a historical dilemma during the process of modern legal system construction. On one hand, it needed to provide justification for this effort in building the legal system, and on the other hand, it was clearly lacking in legal knowledge support due to the long-term stagnation of legal research. The second purpose is to attempt to clear up some intellectual uncertainties in the field of law through the translation/reflection practice of this legal philosophy work, as I was already aware at that time that in the realm of legal philosophy, the relationships between humans, nature, and society under the legal framework, the intellectual relationship between individuals or legal persons and law, and the legitimacy of legal authority were extremely complex and far from the simple and self-evident assumptions commonly held by people. This book collects historical materials on the development of legal philosophy thought scattered in the 1940 book "Theory of Law" in the section. The discussions on substantive issues of general legal theory in the second and third parts of this book are based on certain philosophical and methodological assumptions contained in the approach I took in researching legal theory problems... Translating this comprehensive work of legal philosophy has two main purposes: First, it aims to lay some intellectual groundwork for the reconstruction of Chinese jurisprudence, as Chinese jurisprudence was then caught in a historical dilemma during the process of modern legal system construction. On one hand, it needed to provide justification for this effort in building the legal system, and on the other hand, it was clearly lacking in legal knowledge support due to the long-term stagnation of legal research. The second purpose is to attempt to clear up some intellectual uncertainties in the field of law through the translation/reflection practice of this legal philosophy work, as I was already aware at that time that in the realm of legal philosophy, the relationships between humans, nature, and society under the legal framework, the intellectual relationship between individuals or legal persons and law, and the legitimacy of legal authority were extremely complex and far from the simple and self-evident assumptions commonly held by people. This book collects historical materials on the development of legal philosophy thought scattered in the 1940 book "Theory of Law" in the section. The discussions on substantive issues of general legal theory in the second and third parts of this book are based on certain philosophical and methodological assumptions contained in the approach I took in researching legal theory problems.