法治是由逻辑锻造的事业--吴家麟先生学术志业述要

Rule of Law as a Cause Forged from Logic:A Paper Dedicated to the Symposium on Wu Jialin's Thoughts on the Legal Logic

法律逻辑学是吴家麟先生在繁重的教学、行政工作之余,一直予以关注、研究和推进的学术志业之一。对20世纪八九十年代的我国而言,这是一项具有开拓性的学术志业。在吴先生所留下的大量的逻辑学、法律逻辑学、法学(特别是宪法学)和哲学著述中可以明显发现,其在逻辑框架中观察和研究法治,包括法律观念、立法、司法、行政、法律监督等的基本理念,坚持用逻辑理性分析法治,并为法治化的国家建设、公共治理、人民交往、权力监督提供逻辑方案和理性思路的用意。一言以蔽之,吴先生的学术志业,就是通过逻辑理性锻造法治事业。

Legal logic remained to be one of Professor Wu Jialin'sresearch interests.Pioneering the area of legal logic in China in the 1980s and 1990s,he kept doing research and promoting the development of this area despite his heavy teaching and administrative workload.In the large number of works left behind by Professor Wu concerning such areas as general logic,legal logic,law(especially the constitutional studies)and philosophy,it is obvious that he observed and studied the rule of law in a logical framework,including the basic constructs of legal philosophy,legislation,justice,administration,and legal supervision.He adhered to the logic and rational analysis of the rule of law,and provided logical solutions and rational thoughts for the construction of a law-based country,public governance,people's communication,and the supervision over the exercise of power.In a nutshell,Professor Wu's academic career was intended to forge the rule of law from logical rationality.