社科法学二题

Two Issues of Social Science of Law

社科法学是当今中国法学学术流派中的重要一支,其于近些年更是得到了快速发展。但社科法学在一路高歌猛进的过程当中也存在一些亟需予以认真对待的问题,它们一定程度上关乎着中国法学的未来发展以及深深嵌于其中社科法学之本身。基于此标准,首先对社科法学的"名"与"实"进行了一番知识考古、清理、整理的工作,指出了社科法学这一"名"极易让人误解社科法学着重点之所在并且具有一定的逻辑混乱与指向不明。随后回顾并检思了当下正在发生的社科法学与法教义学之争,指出了二者之争的实质在于二者之间的学术流派属性不尽相同以及由其衍生出的一些差异,当然还有二者所依凭的理论资源不同,并在此基础上阐述了究竟该如何对待社科法学与法教义学二者之间的关系。

Social science of law is an important part of the academic genre of Chinese law today,and it has been rapidly developed in recent years.However,there are also some problems that need to be taken seriously in the process of social science of law.They are partly related to the future development of Chinese law and deeply embedded in the social science of law itself.Based on this standard,first of all,the"name"and"reality"of social science of law have been carried out a work of knowledge archaeology,clean up,and sorting.It points out that the"name"of social science of law can easily lead people to misunderstand the focus of social science of law and has certain logic confusion and unclear direction.Then review and examine the current disbate between social science of law and legal dogmatics,pointing out that the essence of the disbate between the two is that the academic genre attributes between the two are different and some differences are derived from them.There are also different theoretical resources on which the two depend,and on this basis,how to deal with the relationship between social science of law and legal dogmatics.