论法律推理中的主体因素——兼谈法律逻辑学的研究视角

Subject Factors in Legal Reasoning——Also on the research perspective of legal logics

适用法律的推理,既要遵从和运用人类思维共通的逻辑规则,也需考虑诸多与推理相关的实质性问题。在这一过程中,人的主体因素必定会渗入其间,并影响最终的推理结果。多重主体因素渗入法律推理过程,有正反两方面的效应,但这是排除不了、甚至不可缺少的。因此,对法律推理的研究,应将推理涉及的实质内容和人的主体因素及其影响纳入视野,建立起人的研究维度。法律逻辑学研究视角的调整,对其自身乃至整个现代逻辑的发展具有重要意义。

The legal reasoning not only should follow and exert common logical rules in human think- ing, but also take many issues of substance related the reasoning into account. In this case, the pene- tration of multiple subject factors must be related with the reasoning process and has a subtle effect on reasoning conclusion, bringing both the positive and negative effect. However, it is unavoidable and must be considered in legal reasoning. Therefore, the research of legal reasoning needs putting such factors in perspective as issues of substance of reasoning, subject factors and their influences, so as to develop a broader dimension of human. It is of important significance to the development of modern logic by adjusting research perspective of legal logics, which could get the research forward as well.