法学教师职业共同体之规范体系研究

Study on the Norm System of the Professional Community of Law Teachers

法学教师职业共同体的规范体系集中反映着该职业群体的精神特质,同时也是该群体社会角色的制度化体现。法学的三重知识属性决定了法学教师在知识结构和社会角色上也应当具有三重性:他们应当同时是"法学家"、"法律家"和"教育家"。法学教师职业群体的规范体系以培养法律规范的制定者和运用者为根本目标,以追求正义为核心价值诉求,要求法学教师在研究、教学和法律实践中,秉承有限的普遍主义、规则理性和价值权衡等价值准则,以崇法型思维与批判理性的平衡、法律事实与社会事实的区分和程序正义基础上的秩序建构等为基本行为准则。

The norm system of law teachers intensively shows the spirit of this professional community as well as gives expression to their societal characters. The three attributes of legal science itself decides that the law teachers have to be provided with three societal characters which are jurisconsuhs, legists and educators. The fundamental goal of the norm system of law teachers is to develop the eonstitutors and executives of law and its core value is the pursuit of justice. It requires the law teachers to stick on the values of limited universalisrrl, rationality of rule and balance of value both in the study and the practice of law. They are hounded by the rules including that the supremacy of law has to be balanced with critical rationalism, the legal fact has to be separated with societal fact and the reconstruction of order has to be restrained by the legal procedure.