The relationship between law and society in jurisprudence

The modern Germans have raised the humanities and social sciences to a position equal to that of the natural sciences, and modern universities since the Humboldt University of Berlin have promoted the development of the social sciences. The understanding of law as a science is related to this context.

Jurisprudence with the theory of value as the main core content, in essence, the core of jurisprudence is only thinking on the center, not that jurisprudence ontology is value, jurisprudence's most important feature is to argue how to embodied value in practice (or how to confirm that the value has been realized), this argument formed all the branches of the law department. Jurisprudence value whether or how to realize the argument is empirical, verifiable, and therefore scientific.

In terms of value derivation, law also requires axiomatic theory.

In terms of litigation research, jurisprudence needs the most microscopic support like cognitive psychology, e.g., why the adversarial system is epistemologically sound , and cognitive psychology will reveal that all people have terrible human weaknesses

It is easiest to question whether jurisprudence is a science or not in jurisprudence, which is at the core of the value part of the equation, but it is only a certain kind of jurisprudence. The metaphysics of jurisprudence, can defy science, but the metaphysics of jurisprudence (to answer sectoral law) must resort to comprehensive analysis, value is only one of the elements.

Science, in its traditional sense, means empirical science. What is science, in the traditional sense, is not difficult to determine. Its basic characteristics are that it resorts to experimentation, is observable and verifiable, and, according to Karl Popper, falsifiable. According to Popper, Floyd's psychoanalysis is not science.

Jurisprudence is ontologically a science, and at its core, not a science. Or rather, the ontological spiritual arguments of jurisprudence are not strictly science, but the applied arguments of jurisprudence are science.

In those areas where jurisprudence is understood to be science, experience can falsify theory. For example, the adversarial system is necessarily the modern popular litigation system; without it, judicial dictatorship is just about everywhere.

In modern society, the role of law in regulating people's behavior is extremely broad. Law is related to various disciplines, including the natural sciences, to varying degrees. In history, jurisprudence and political science had been combined for a long time. In the European Middle Ages, the Catholic Church dominated, political science and jurisprudence are subordinate to the theology of the Church. 17-18th century bourgeois revolution, jurisprudence and political science are free from the shackles of theology, but still some philosophers of the all-encompassing philosophical system of the two links, and the two disciplines are very difficult to separate. It was not until the 19th century that law and political science broke away from philosophy , and each became an independent discipline.

Law and the phenomena of the state, government, political parties and the activities of politicians are closely linked. Law studies politics, political science also need to study the law, and both need to study the state, but the object of study and focus is different. Criteria for the division of jurisprudence into disciplines

1.1 Combination of object and method

1.2 Combination of category and hierarchy

1.3 Combination of reality and ideals I. Theoretical jurisprudence

That is, the general term for the subdisciplines of jurisprudence that explore from a general aspect all kinds of basic concepts, basic principles, basic principles and basic laws that are the object of jurisprudence study.

Note: theoretical jurisprudence is not mainly from the epistemological point of view of the results of the division, but based on the object of study of jurisprudence and method of division. Those who study the object of abstraction, the research method is emphasized in the theoretical analysis of the sub-disciplines can basically be classified as theoretical jurisprudence, its main representative is jurisprudence. If a country's legal system does not have a comprehensive law as a large part of the category, then such as legislation, sociology of law, legal interpretation, comparative law, etc. can also be regarded as theoretical jurisprudence. Fringe disciplines of law focusing on theoretical research can also be classified as theoretical jurisprudence.

Two, applied law

That is, aimed at direct service to the actual life of the law, to help solve the practical problems of the law, the general name of the sub-disciplines of law.

Note: the object of applied jurisprudence is mainly the experience of the actual life of the law material, which is more practical than the theoretical jurisprudence, it is the concretization of the theoretical jurisprudence, but also the theoretical jurisprudence of the source of information. But the applied law is not without theory, the theory is not used to play a general role of interdisciplinary guidance, but for the solution of the practical problems of the applied disciplines. The representative disciplines of applied jurisprudence is a variety of sectoral jurisprudence, such as constitutional law, civil and commercial law, criminal law, procedural law, etc., about the legal practice of the sub-disciplines of the marginal disciplines of jurisprudence focusing on solving the practical problems of the sub-disciplines can also be included in the applied jurisprudence.

Third, historical jurisprudence

that is, specializing in the study of law, the phenomenon of law, and law-related issues in the history of the law of the general term for the sub-disciplines.

Note: Historical jurisprudence as a specialized category in the system of jurisprudence, mainly because it includes both theoretical content (i.e., theories from history) and applied content (i.e., the ancient for the present, and to promote the new). Historical jurisprudence mainly studies the legal systems and legal thoughts of different countries and different historical types in history, and researches and studies the substance, content, form, characteristics of these legal systems and legal thoughts and the laws of their emergence, development and demise. It mainly includes the historiography of Chinese and foreign legal systems, the historiography of Chinese and foreign legal thought, and the historiography of jurisprudence.

Four, comprehensive jurisprudence

That is, the general name of the branch disciplines of jurisprudence with considerable span.

Note: comprehensive jurisprudence has two distinctive features: first, its research object across a variety of even a variety of subdisciplines of jurisprudence; second, the theory, application and history are not each focus, but all three are compatible. The general theory or introduction of law is a typical comprehensive law study. It also includes legislation, sociology of law, legal interpretation, comparative law, international law and so on. Law can be divided into many sub-disciplines, mainly:

①Theoretical jurisprudence, also known as basic jurisprudence. It studies the basic concepts, principles and laws of law. The courses offered by Chinese law faculties for this discipline are called Basic Theory of Jurisprudence (or Jurisprudence for short).

② Legal historiography. It can be divided into the history of the legal system and the history of legal thought.

③ Domestic jurisprudence. Refers to the jurisprudence of each department of a country, including constitutional law, administrative law, civil law, economic law, labor law, environmental law, criminal law, procedural law, and military law. The constitution is the fundamental law of a country, therefore, constitutional law occupies a dominant position in the domestic jurisprudence system.

4 International jurisprudence. It includes public international law, private international law and international economic law.

⑤ Legislation. The study of legislative principles, planning, legislative system, legislative style, legislative procedure, legislative technology, as well as the compilation of laws, legislative evaluation and other issues.

6 Legal Hermeneutics. Explanation of the content and text of the legal provisions, equivalent to the Chinese and foreign history known as the annotated jurisprudence.

7 Sociology of law. Usually refers to the study of the social function, implementation and effect of the law through the social reality of the problem.

⑧ comparative jurisprudence and foreign jurisprudence. Comparative jurisprudence is a comparative study of the laws of different countries (or a particular region) (including between the law of the country and foreign law, foreign law). Therefore, comparative jurisprudence and foreign jurisprudence are closely linked.

9 law and natural sciences, technical sciences or other social sciences between some of the fringe disciplines. Such as scientific and technological jurisprudence, forensic science, forensic identification, judicial psychiatry, legal statistics and so on.

In each independent sub-specialty, and can be subdivided into different levels of lower sub-specialties. And within each sub-specialty, the jurisprudence of each country is always focused on the study of the law in force in that country.