法律实证主义散论

On Several Questions of Legal Positivism

法律实证主义是20世纪西方三大主要法学流派之一。同时,它还是一个难以精确界定的学术派别,"法律命令说"不过是法律实证主义的伪标志。法律实证主义的意旨是:通过概念分析,从而使得法学成为一门自足的科学。法律实证主义思想在清末民初时传入我国,但并没有真正地扎下根来。法律实证主义对于当下中国的法学发展、法治建设以及司法实践有着重要的启示意义。

Legal positivism is one of the main legal genres in the western in 20 century. At the same time, it is also difficult for us to define it＇ s scope. Legal positivism is a kind of descriptive legal theory which use the analytical methods, it＇ s main intention is to make jurisprudence become a self-governing science through conception analysis. Legal positivism was introduced into China at the end of Qing dynasty, but it had produced little influence. Legal positivism has am important referential value for our legal science development and constructing a ruled-by-law country at present China.