Dialectical Thinking of Jurisprudence and Legal Philosophy: From the Understanding in the Chinese Context

Jianquan YE


In China, many legal scholars are easily confused the concept of legal philosophy with the concept of jurisprudence. Therefore, it is necessary to trace the origins of these two concepts to review their meanings carefully. To distinguish their meanings and relationships, we must combine domestic law study with Western methodology study. Because we need rightfully understand the meaning of the target concept in its motherland, western world, and then bring it back in Chinese context without causing unnecessary conflicts or something incomprehensible. Therefore, firstly, the author seeks the original meaning of the concept of legal philosophy and the concept of jurisprudence in western world. Then, the author focuses on the understanding of domestic legal scholars of these two concepts. Finally, the author gives a clear conclusion based on evidences and analysis.


Jurisprudence; Legal philosophy; Dialectical thinking

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DOI: http://dx.doi.org/10.3968/10599


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