法律与文化:法学研究的双向视角

把法律认识置于法律与文化之间,不仅为法学研究开辟了一片新天地,还使法学研究增添了一种新方法。对法律的文化解释有一个从单一迈向双向的视角转变,这种让法律与文化在对话中相互提升自己的转变呈现出一种包容和多元的方法态势。同时,文化方法的法学运用还表现出它在沟通异质法文化与变革传统法文化方面的方法论意义。

Law and Culture: A Two- way Perspective of Jurisprudential Study

To put the recognition of law between the law and culture has not merely opened up a new field for jurisprudential study, but also added a new method to jurisprudential study. The cultural interpretation of the law has a tendency of changing from single perspective to a two-way one, which is facilitated to promote mutual transition, demonstrating a trend of forgiving and plural method in the dialog between law and culture. Meanwhile, the jurisprudential application of cultural method also demonstrates its methodological meaning in the communication of heterogeneous law cultures and the improvement of traditional law culture.