价值衡量的十大进路——对法理学方法论之谜的破解

价值衡量有实证主义、本质主义、相对主义等十大进路,其各有所能亦有所不能,即能从不同的角度对该问题作出不同的解答,但这些解答本身亦存在方法论上的缺陷。因此,在综合各种进路优点的基础上,应以现实法律规制的需要为出发点,予以辩证的、理性的和合目的的取舍。

Ten Approaches of Value Balance:Solution to the Mystery of Jurisprudence Methodology

There are such ten paths as positivism,essentialism and relativism confronting us,each of which has also some ability and disability,that is to say,they can make different answers for value balance issue from different angles,but whose solutions themselves have defects in methodology.Therefore,we should dialectically,rationally,purposely choose them on the combination of their advantages,and with the starting point of practical legal regulation need.