Traditional Culture Encyclopedia - Traditional stories - Classic books of law that law students should read.
Classic books of law that law students should read.
The greatest value of this book is the "enlightenment" of law. It will tell us what vision and methods we should adopt when observing legal phenomena, how to cultivate our learning and research methods, how to reveal common sense and challenge existing knowledge and concepts. For freshmen, after reading this book, they will feel that law is not as boring as we thought.
2. Pahlman: Law and Religion
Wonderful writing and translation. Explore the spirit behind the law and what supports the law. Without faith, the law will be useless. While the existing legal tradition in China has been broken, how should we find a new tradition of living under the law? Of course, when reading this book, we should not unilaterally pursue the wonderful sentences, but pay more attention to the analytical ideas and clues.
3. Liu Yu: details of democracy
This book is recommended by many scholars and is a collection of columns written by the author for some periodicals and newspapers in the past few years, mainly Southern People Weekly. In the book, a conceptual thing like "American democracy" is broken down into events, policies and people in the form of storytelling.
I have always liked reading Liu Yu's words. Her vividness is the vividness of wisdom. Behind the insight and analytical ability is an independent thinker full of aura and understanding. I always finish reading an article and wait for her next article to come out. Linda
Nowadays, there is a general morbid tendency in public discussion in China, which is always stuck in front of such nouns as "democracy" and "freedom", and it is unreasonably superficial and difficult to promote. Therefore, Liu Yu came at the right time, because she added details and flesh and blood to these pale nouns, and she had the foundation of professional education and the story of the safety of her loved ones. Her comments are the most needed nutrients in this era. Wendao Liang
I like Liu Yu's comments. She stresses facts and arguments, does not easily choose the left, middle and right side, keeps vigilance and observation on the masses and power, the minority and the majority, avoids simple right and wrong judgments, avoids the impulse to shake her arms, and avoids intellectual laziness. Only with such rationality can there be a responsible explanation.
-Chai Jing
4. Linda: the president is unreliable: observing the United States at close range 2.
In the form of letters, the author takes "What is the President of the United States?" At the beginning of this question, a series of stories are used to lay out the basic principles of American political and legal system, and deeply understand how the United States implements supervision and restriction of power through "checks and balances" in its own institutional system.
5. Wang Mingming and Wang Sifu: Order, Justice and Authority in Rural Society.
This book brings together the research of some legal and sociological scholars. Scholars' judgment and description of rural society in China, as well as their grasp and explanation of its order, have left many thought-provoking questions for future research. As far as law is concerned, the research orientation of this book is a good attempt. Unfortunately, there is no follow-up research now, which is not enough to create a real academic momentum. This is a good book, and it also makes us reflect on how to build China's academic tradition.
6. Montesquieu: "On the Spirit of Law"
Comprehensive use of a variety of research methods: historical, comparative, empirical and so on. Explore the essence and spirit of law, with broad vision and elegant bearing. It is also the representative work of the Enlightenment period, expounding the concepts of natural rights and separation of powers. Although the author's "classification and framework" has some cracks with the social investigation method he advocated, it is precisely the symbol of excellent works-it sets a "paradigm" for successors to surpass.
7. Tocqueville: "On American Democracy"
The author's analysis of American society and insight into democracy fully show his talent. The author's understanding of freedom deserves our long-term reflection. The exposition of American legal profession and legal belief is still a valuable ideological wealth for our rule of law construction today.
8. Liang Zhiping: "Seeking Harmony in the Natural Order —— A Study of China's Traditional Legal Culture"
The works with "paradigm" significance in the study of China's legal history. It opens up a new research field, and more importantly, it is a conscious use method. It is a description of the facts and a cultural sympathy and demonstration. What matters is not the author's use of various historical materials, but his interpretation of these historical materials. What matters is not whether he solved the problem, but the way he raised it.
9. Qu Tongzu: "China Law and China Society"
Classics in the study of legal history. The author of this book has profound skills and simple language. From a sociological point of view. Of course, there are many methods of sociology itself, and this book may still belong to the approach of "normative sociology". Moreover, from the perspective of legal analysis of China society, this academic orientation itself is respectable.
10. Jiangshan: the concept of China law.
The author is unique in the legal field of China. Fortunately, he was not "polluted" by the academic system of modern western industrialization. Therefore, his interpretation of the reality and ideal of China law must be immersed in the real China thinking. Because of this, his view of law is not available to those of us who focus on the "modern world". This is a rare book with "ideological color" written by China people.
1 1 ... Bodenheimer: jurisprudence: legal philosophy and legal methods.
Comprehensive legal works with great influence in China. The first half of the book briefly introduces the history of western legal thought, and the second half discusses some legal issues that the author thinks are important, and on this basis, puts forward a comprehensive legal view based on natural law. One of the values of this book is its influence on China law since the mid-1980s.
12. Ji Weidong: the construction of the rule of law order
The author's research and thinking methods deeply reflect some grand and rational feelings. The introduction of contemporary western jurisprudence and overseas (especially Japanese) experience in the rule of law reveal the author's personal concern about the rule of law construction in China. The book is rigorous in argumentation and strong in academic color.
13.Bossigno et al.: The Gate of Law.
As a textbook work, this book covers almost all important fields of contemporary law. Enlightened and vivid; Pay attention to training thinking and have no sense of security. It can be said that this book is to bring students into the hall of law step by step.
14. Liang Zhiping: Cultural Interpretation of Law.
One of the most academically conscious books in contemporary China legal research. The author summarizes, criticizes and reflects on his academic practice. If our academic work can be based on such step-by-step accumulation and criticism, I believe this is the real hope of China's academic work.
15. Liu Junning: Democracy and Constitutionalism.
A "radical" China's "conservative" view of freedom. The author's position is self-evident, and his distinctive and even "encouraging" language will inevitably weaken his academic taste to some extent. Liberalism is actually a sensitive issue in China. For students who don't understand liberalism, it is really difficult to grasp and distinguish the various ideological trends of "freedom". This book provides a positive method, and we should also have a more comprehensive and calm thinking.
16. Dworkin: Take rights seriously.
This book systematically expounds the author's view of rights. This is an important work on the study of rights today. The author's analysis of rules, principles and policies in the book has great enlightenment for us to deepen our understanding of the law. How do we care about and respect human rights? This is always a thought-provoking question.
17. Rawls: the theory of justice
This book is regarded as "the most important theoretical work in the field of ethics and political philosophy" after World War II. This book covers the fields of law, ethics, politics, sociology and economics, and makes an in-depth analysis of justice. On the premise of "veil of ignorance" and "original state", this paper puts forward the theory of justice as fairness, and discusses the principles of equality and freedom in justice distribution and fairness and difference in opportunity. It is also an important work of liberalism.
18. dershowitz: letter to young lawyers
Allen dershowitz, lawyer, law professor and writer. At the age of 28, he became the youngest law professor in the history of Harvard University. He has successfully represented many major cases, including Simpson case, Tai Sen case, five secret documents case, Clinton impeachment case, US presidential election case, etc., and is known as "the most successful defense lawyer in American history". This book embodies the author's life experience and experience of teaching and practicing as a lawyer at Harvard for 37 years, and extracts 37 pieces of advice, covering life sentiment, experience and lessons, success and failure, life principles, career planning and suggestions. Full of philosophy and thought-provoking. I hope that such a little book with unique views and concentrated essence can give some help to young lawyers and law school students standing at the fork in their lives.
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