News
By Hongjie Chen, Translated by Qiao. October 14, 2014.
On October 14, 2014, 15 a.m. in the afternoon, The 5th issue of law school academic salon activity hold for the third time in 4th floor conference room of law school, temporary office building. This activity lectured by law school professor Xu Jijiang, named As a unique legal thinking of judicial practice —— a review of the professor Zhu Suli and professor Sun Xiaoxia debate about legal thinking.
Professor Xu Jiqiang hold that the nature and characteristics of legal thinking(judicial) should not be understood just from the perspective of epistemology and methodology but from a meaningful human practice activity. Law is not a static system Kelsen and Hart attempted to given its foundation but couldn't escape the Münchhausen-Trilemma, and is not a binary world parallel derived from facts and norms. Law is a practice process when facing new situation, needed constantly going back to authority and classic, reflexively self-definition and reshape. And legal thinking and legal method is an inner maintenance mechanism guarantee the practice process, and a simplified creation mechanism simplified complex environmental law faced.
Professor Wang Shen from "law" magazine reviewed the salon. Professor Wang hold that the first thing is to define the focus of debate clearly, that is what legal (person) thinking is. Make a point on core concern how to let the judge reasoning with law spirit which can accepted by community, thus real impact, radiation, shape social behavior. In free discussions, the teachers and students also questioned from several perspectives, such as try to understand the background of professor Zhu and professor Sun’s debate. Reflect professor Zhu’s legal realism path and its historical limitations.
When trying to draw materials from the concept of interdisciplinary concept and construct autonomy “legal thinking” paradigm, Should also pay attention to the cohesion. Cautiously and concisely refined Professor Zhu and Professor Sun’s core argumentation when added personal analysis perspective. And support with sufficient argumentation, etc. After a full discussion, salon ended smoothly.
(Original news: http://law.shufe.edu.cn/structure/xyxwxx_162857_1.htm)
Published：2014-10-22
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