摘要
什么是法学,这是法学教学和研究中的基础性问题。目前法学教科书中流行看法是,法学是研究法律现象的科学。这一解释存在诸多毛病,因此必须重新思考这一问题。从研究对象或研究范围来说,法学是人学;从思维方式来说,法学是权利义务之学;从学术使命来说,法学是求真求善求美之学。这三种解释从三个方面揭示了法学的三重规定性,不仅具有认识论意义,也具有方法论意义。
What 'the science of law' is has remained a fundamental question in the teaching and research of law. The popular idea as seen in most textbooks is that' the science of law' is a branch of science that lakes legal phenomena as its focus of study. However, this explanation is far from satisfactory, and therefore the issue has to be re-studied. From the perspective of the object and scope of study, the science of law is the science of people; from the persective of the way of thinking, the science of law is the science of rights and duties; from the per spective of its academic mission, the science of law is the scientific pursuit of truth, goodness and beauty. The three kinds of explanation reflect the three dimensions. of 'the science of law' as actually founded from three different angles, and they will bear significance in epistemology and methodology.
出处
《吉林大学社会科学学报》
CSSCI
北大核心
2000年第3期61-65,共5页
Jilin University Journal Social Sciences Edition