The difference between jurisprudence and philosophy of law

1. Academic tradition is different: jurisprudence belongs to the basic disciplines of jurisprudence, the inheritance of the modern positivist tradition, is the original empiricism; philosophy of law is the "philosophy of jurisprudence", that is, "the philosophy of the subdiscipline", the undertaking of the Western tradition of philosophy, rationalism. Philosophy, is rationalist.

2. The main body of research is different: because jurisprudence is a sub-discipline of jurisprudence, and therefore only jurists study jurisprudence, i.e., the people who really take jurisprudence as a profession; philosophy of law researchers that is, jurists, and philosophers, which gives rise to the so-called "jurist's philosophy of law" and "philosopher's philosophy of law". Philosopher's philosophy of law".

3. Different research methods: Jurisprudence is the basic discipline of jurisprudence, more of the original summary of the practice and rational exploration, so its main research method is empirical method; philosophy of law is more of the original philosophical given rational thought, so its main research method is rational method.

4. Different objects of study: Jurisprudence studies mainly "the actual existence of the law formulated by people", rather than "the law should exist"; philosophy of law is more of the study of the law of contingency, including the actual law

5. The purpose of the study is different: jurisprudence is more through the actual study of the law and the legislative and judicial activities guided by the practice of law, so that legal activities in line with the requirements of rationality; philosophy of law is the only mission, is the answer to the justice.

6. In the theoretical jurisprudence at different levels: "theoretical jurisprudence is the basic theory of law as the object of study of the group of disciplines", since the theoretical jurisprudence is a group of disciplines related to the theory of law composed of a group of disciplines, naturally, there are different levels, while the jurisprudence is at the second level, the reality of the law as the object of study and guiding the social practice of law, and the philosophy of law is the only mission of the law is to answer to justice. Objects and guides the social practice of law discipline; philosophy of law is the study of the highest value of law, that is, "what is the correct law" problem, is the highest level.