关于“法理分析”和“法律分析”的断思

经过二十余年的法学复兴,中国学者开始重视法学方法论的研究,其中以法律分析、法理分析、法理透视、法哲学思考命名的论文日益增多.这表明学者已认识到法学乃至于法理学是一门相对独立的学科,其学科知识的体系性、思维方式的独特性已受到程度不同的关注.但是,那种简单贴标签式的命题值得推敲.本刊编辑陈立风与山东大学法理学专业的部分师生举办对法律分析和法理分析进行反思的小型学术沙龙,展开了对话式的探讨.现刊载部分,意在引起学界对此问题的共鸣.

Reconsideration on Jurisprudential Analysis and Analysis of Law

With progress in jurisprudence research in China, scholars have gradually pay their attention to legal methodology,in which the amount of such articles as named analysis of law,jurisprudential anlysis,perspective on jurisprudence and thinking from philosophy of law become more and more.It shows that scholars have recognized that science of law,and also jurisprudence, has been an independent disciprinciple,and its system of knowledge,speciality in method of thinking has been concentrated,but such propositions simply labeled deserve to be reconsidered.The editor Chen Li feng and teachers and students from Shan Dong University held a dialogue research on analysis of law and jurisprudential analysis,some of which have been published on this term and wait for scholars' commentary.