论后现代法学的几个争议性问题

On Several Controversial Problems of Post-modern Jurisprudence

后现代法学是继自然法学、分析实证法学、社会学法学三大流派之后的又一具有重大影响的法学思潮。它虽然起步较晚,但已在西方社会占得一席之地,然而由于其本身的局限性还不足以终结以现代法学为标志的时代。后现代法学揭示出现代法学的弊端,启发我们客观审视现代法治的传统观念和我国法治建设的现状,从而确立法治与德治同时并举的治国方略。虽然后现代法学本身存在着许多缺陷,但我们应客观地分析其利弊,以期将后现代法学的智识资源转化为法治建设的积极动力。

Post-modern jurisprudence is the legal trend of important influence after natural jurisprudence, positivist jurisprudence, sociological jurisprudence. Though it starts later, it has taken position in western society. However,it can't end the times with sign of modern jurisprudence because of its limitation. Post-modern jurisprudence reveals the abuses of modern jurisprudence, which enlighten us to observe objectively the orthodox idea of modern rule by law and the present situation of the construction of our country on rule by law, so that we can establish method of administering country by law and virtue simultaneously. Though post-modern jurisprudence has a lot of defects, we should objectively analysis its advantages and disadvantages in order to transform its intelligent resource into positive power in construction of rule by law.