Throughout his work, Lev S. Vygotsky （1896-1934） pursued the objective of reformulating psychological theory. His historical-cultural analysis of the ＂crisis in psychology＂ showed that, beyond contradictions betwe...Throughout his work, Lev S. Vygotsky （1896-1934） pursued the objective of reformulating psychological theory. His historical-cultural analysis of the ＂crisis in psychology＂ showed that, beyond contradictions between the two main methodological currents---＂objective/explanatory＂ and ＂subjective/intuitive＂--psychology is primarily influenced by its empirical-sensory foundations. This influence is actually at the origin of the disagreement since it maintains the obligation for the two currents to make reference to empirical-sensory data. Only a general model of the developing human being, assessed by its usefulness, will allow reorienting psychology towards a broader science. This would lead to a general theory of psychology, which could then facilitate the search for tools for an indirect method enabling it to go beyond empiricism.展开更多
The subject of the legal history belongs to the interdisciplinary of the law and the history. Because of the attribute of the interdisciplinary of the subject of the legal history, the reference of the experience in t...The subject of the legal history belongs to the interdisciplinary of the law and the history. Because of the attribute of the interdisciplinary of the subject of the legal history, the reference of the experience in the development of the h/story is very important. The subject of the legal history must pay attention to the problems encountered in the process of the development of the history and the accumulated experience. The historical development since the last century displays the importance and necessity of the theory of the social science in the study of the history. The researcher of the legal history should focus on the comprehensive use of the theories and methods of the subject of the social sciences, and through the innovative use of the historical data and the use of the multidisciplinary interpretation methods, re-interpret the historical events and figures. With the aid of the comprehensive use of the methods of the multiple disciplines, further open the new situation of the study of the legal history.展开更多
The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. ＂Precedent＂ or ...The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. ＂Precedent＂ or ＂NJfftJ＂ （panli）, which has attracted academic attention both in China and abroad, can serve as an example in this regard. The concept ＇~N] fit],＂ which may have originated from Japanese kanji in the nineteenth century, was used to translate its Western counterpart. A review of the historical and modern practice of the Western European countries of England and France shows that precedent has always played an important role in achieving consensus in the legal community and guiding future rulings by means of case law. This function, which has something in common with the relevant portions of ancient Chinese legal institutions, can serve as a foundation for constructing a universal theoretical system. At the same time, the relevant Chinese institutions had specific institutional contexts and functions. By combining universal and specific functional analysis, ＂two-way functionalism＂ may be able to avoid the Western-centric approach and futile conceptual discrimination and turn towards the exploration and elucidation of functional issues, so as to eventually establish a new framework for the narrative of Chinese legal history.展开更多
文摘Throughout his work, Lev S. Vygotsky （1896-1934） pursued the objective of reformulating psychological theory. His historical-cultural analysis of the ＂crisis in psychology＂ showed that, beyond contradictions between the two main methodological currents---＂objective/explanatory＂ and ＂subjective/intuitive＂--psychology is primarily influenced by its empirical-sensory foundations. This influence is actually at the origin of the disagreement since it maintains the obligation for the two currents to make reference to empirical-sensory data. Only a general model of the developing human being, assessed by its usefulness, will allow reorienting psychology towards a broader science. This would lead to a general theory of psychology, which could then facilitate the search for tools for an indirect method enabling it to go beyond empiricism.
文摘The subject of the legal history belongs to the interdisciplinary of the law and the history. Because of the attribute of the interdisciplinary of the subject of the legal history, the reference of the experience in the development of the h/story is very important. The subject of the legal history must pay attention to the problems encountered in the process of the development of the history and the accumulated experience. The historical development since the last century displays the importance and necessity of the theory of the social science in the study of the history. The researcher of the legal history should focus on the comprehensive use of the theories and methods of the subject of the social sciences, and through the innovative use of the historical data and the use of the multidisciplinary interpretation methods, re-interpret the historical events and figures. With the aid of the comprehensive use of the methods of the multiple disciplines, further open the new situation of the study of the legal history.
文摘The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. ＂Precedent＂ or ＂NJfftJ＂ （panli）, which has attracted academic attention both in China and abroad, can serve as an example in this regard. The concept ＇~N] fit],＂ which may have originated from Japanese kanji in the nineteenth century, was used to translate its Western counterpart. A review of the historical and modern practice of the Western European countries of England and France shows that precedent has always played an important role in achieving consensus in the legal community and guiding future rulings by means of case law. This function, which has something in common with the relevant portions of ancient Chinese legal institutions, can serve as a foundation for constructing a universal theoretical system. At the same time, the relevant Chinese institutions had specific institutional contexts and functions. By combining universal and specific functional analysis, ＂two-way functionalism＂ may be able to avoid the Western-centric approach and futile conceptual discrimination and turn towards the exploration and elucidation of functional issues, so as to eventually establish a new framework for the narrative of Chinese legal history.
