Interpretation of "reading order": the connotation of order. Ask questions first. Fei Xiaotong can't understand and think in the following definition when discussing "educational power", but it is very appropriate and powerful to express it in a way that we can always touch, that is, "it is really difficult for people to dance with tofu with chopsticks and high heels without hurting others' feet; If you don't study, you won't succeed, but you should not be afraid of being sleepy or bored when you study. Not afraid of being sleepy, bored and unnatural; So we have to put some pressure on it. Forcibly seize power "; Therefore, I can better understand his feelings, that is, "the child touches not a world set for his convenience, but a garden set for the convenience of adults." "He broke in and didn't have the power to create order, but he didn't have the will to obey the old order." But in my opinion, we can further feel that not only is the world not designed for the convenience of children, but even in the adult world, order is mainly designed for the convenience of rich and powerful social elites, no matter how democratic and free this society is-of course, this does not mean that these elites can do whatever they want, which is equivalent to Xiang Yu not being able to sit in his chair even if he "pulls the mountain out of the village". As an ordinary member of society, the stage from birth to adulthood is as determined as the place firmly determined by latitude and longitude on the map; His only task is to study the norms of the old order repeatedly under the power of education and violence (here only refers to the meaning of violence). If he can "keep pace with the times" and "enjoy it", then "review the old and learn the new", he may transform the old order, and if he has the opportunity, the order may change. What is the significance of this view for a jurist? What should we learn from it? In order to answer these questions, I think Su Li's second book Reading Order gives some explanations and supporting evidence. But we should also ask about order and its connotation in a broader perspective; Perhaps at this time, we can better understand and grasp Su Li's feelings about Sichuan's "saying"! Before the discussion, I want to put forward a point: according to the information I have at present, there are nine books about Su Li. From the representative point of view, there are mainly five books, namely, Sending France to the Countryside, The Road to the City, Maybe It's happening, Law and Literature, Reading and How the System is Formed. "Virtue" does not belong to it, and "Reading" can be said to be one of the works linking (the rule of law and its local resources) with (sending France to the countryside), which deserves attention. But because this book has become the penultimate book in my reading order, many of them have read it. These ideas have appeared repeatedly in later works, and they have long been "familiar" and have written some book reviews. If we discuss the ideas contained in the specific content, we will certainly gain something. In order to enrich himself in the process of reading this book, the author interprets it from the title and structure, that is to say, he should go beyond the specific problems and contents of the book to understand the author's way of thinking; At the same time, because these articles have appeared in other places, the author once again feels that although the contents are the same, different combinations show the strength of another organizational structure, which is equivalent to that graphite and diamond are both composed of carbon elements, and their strength and properties are different because of different arrangement structures. However, although the elaboration and interpretation go beyond the specific content of the book, we can't ignore the specific content when analyzing the structure! In addition, it should be noted that the author's structural interpretation of reading here must have a certain meaning of "construction", which may not necessarily conform to the author's original intention, because the author did not necessarily think so or just wanted to convey this thinking to us when compiling the article of this book. Secondly, the first problem to show Su Li's view of legal order is the type of Su Li's legal order and its relationship; After this task is completed, it is possible to explore the internal track of the author's pursuit of order, so as to clearly grasp the connotation of its order! First of all, Su Li's conception of order and its relationship. Su Li's legal order has always included two parts, namely, legal order and legal order. Among the five important works-the author divides them into three categories, the rule of law and its local resources and the following, Sending the law to the countryside; The Road to the City and Maybe It's Happening were originally called sister books by scholars. The third category is "law and literature"-both of them are included, which is explained in the preface of the first book "The Rule of Law and Its Local Resources". "My concerns can be roughly divided into four aspects. This book collection includes the first three articles (namely, Reform and Rule of Law, Research on Judicial Issues, and Standardization of Legal Research); Author's note), only a few articles about the evolution of legal knowledge ... are not included in this collection "-if roughly divided, there will be two categories, namely, caring about the rule of law and legal order. In reading, there is also such a performance: the most prominent display is the structure of the whole book. The first and third parts mainly discuss the order of the rule of law. The second part, in my opinion, he mainly does not discuss other people's ideas, but analyzes the ways and methods of legal research in other people's works (there are criticisms and objections, and some are just "narratives" to distinguish us)-in these four articles, the relationship between legal research methods and literacy is expounded; The vision of legal research should be in the "field of help", and the "field" here may not only refer to the countryside; How Foucault analyzes and "constructs" the history of punishment. Moreover, even in the first part, there is a discussion about the order of jurisprudence, at least in the article "Reference and Development of Law". The author's concern for legal order is almost equal to legal order. Why? According to the author's understanding, perhaps he thinks that the two are inseparable, and the close relationship between the methods and literacy put forward in the study of Chinese legal history can be known a little; If analyzed concretely, it is: the relationship between the rule of law order and the legal order is the so-called relationship between ontology and methodology in philosophy. When an ontological phenomenon appears, methods follow, but sometimes we can't help but pay attention to it or it hasn't appeared yet; On the other hand, methodology itself may become a part of ontology, because the division between method and itself is not always clear, and there is a vague area between Chu and Han, which can only be clearly distinguished within their respective boundaries. That is to say, they are not only instrumental, but also the legal order is an important part of the legal order to a certain extent, that is, in the process of thinking and reflecting on legal research, they create the consciousness of thinking about the legal order, and through constant methodological reflection, they integrate methods into the legal order itself. At this point, there are not many or even few scholars in the field of domestic law; In addition, Su Li's point of view does not seem to have caused much repercussions. In the book Reading, it is manifested as, secondly, the clue or process of pursuing order: connecting the rule of law order with the legal order. The author indirectly expresses this point in the last part. "The articles in the book are roughly divided into three parts. The standards are formal, but not strict. The nature of the paper and the discussion of "orderly reading": the reading order has included four book reviews; Reading and Preface are three very long academic papers. " Now read it as follows: First, the first part, "reading in order" (focusing on the original, the author notes; The same below) ". This series tells us that, in my opinion, Su Li, who has "You and I are deeply embedded in this world" (Li Suyu), put forward his own interpretation of the real order of life. In the process of this interpretation, he did not use others or rarely used others, but only his own "simple and unique" idea. Just like a child, such as a common public service advertisement on TV, when he saw his mother washing his grandmother's feet, he washed his mother's feet with a basin of water, which naturally and truly reflected his views on the existing order; I believe that public service advertisement is not aimed at children, but at parents who already have children or are about to have children. In the article, the simplicity and originality of thinking are proved by not taking notes (proving that others rarely use them), short space, randomness and instantaneity of thinking (of course, this does not mean that the author's interpretation here is not profound. For example, the children's observation in Andersen's fairy tale The Emperor's New Clothes is the most profound among the characters in the audience. If we look at these articles in detail, we can find that, first of all, from the form of notes, only "how is the system formed?" "Article" has the most annotations, reaching more than 20 (at least 50 in the third part), while other articles have only 6 at most; Judging from his theoretical theme, it mainly expounds his views and attitudes in the early Yuan Dynasty. Here, the author only takes the article "Reading Order in China Market Economy" as an example to illustrate: the author links the language order with the market economy order, and the former takes readers' understanding as the standard, so the standard of China market economy order is whether people accept it or not; The first draft of the article needs to be revised, so that the market economic order in China is also a draft, and everyone in China needs to participate in the revision, especially the revision of the intellectual reference, or even just the interpretation of this article, so as to discover the structure of the article; Finally, the author's attitude as an intellectual is also his own attitude (particularity), that is, his duty-"to read the order in the development of market economy in contemporary China and understand the actual institutional changes that have taken place or will take place soon". In short, there are three points: premise, language comparability and order; Argument 1: judging the standard of language order to the standard of order; Argument two, the modifiability of the article, to the "modifiability" of the order-reading the order yourself. This is the most intuitive expression of order, so Su Li characterized it as essays and discussions! Second, in the second part, "the order of reading". As mentioned above, children are under the "rule" of educational power, which shows that a child can't make his own thinking only by direct observation of life and society; At the same time, it is necessary, even more necessary, to accept the knowledge taught by others (with a certain mandatory meaning) to think. Similarly, even an adult, an adult "embedded in life", needs other people's observation to be more rational, so as not to show some biased passionate behaviors. Specific to the second part, the arguments are as follows: this part consists of four book reviews, which, as the name implies, are the evaluation of a book after reading; And we can't write a book review every time we read a book. We don't have that much time, and it's unnecessary. We can only write book reviews of works that are very important to the author or at least touched upon. According to Su Li's standards, in terms of objects, "... are mainly academic works, but textbooks are not excluded; But it must have academic significance. " These four articles, three books, the cultural interpretation of law, American scholars and China's legal tradition, exhortation and punishment are also very high-quality works today. Although I haven't read the book Farmers' Legal Consciousness and the Development of Rural Legal System, it was published in 1993 and reprinted in 2004, which shows that it is also a quality book, at least when Su Li wrote it. A quality monograph is the seriousness and rationality of other people's order (which was "constructed" in the present or future or in the past), although it is not necessarily a reflection on the truth, not only on the order itself, but also a display of its research methods and approaches; By reading this book, readers can not only absorb the ideological sparks flashing during the period, but also internalize the thinking of methods-the most exquisite and correct expression of absorption or internalization is book review. The author will take "A Review of Typology of Legal Culture" and "A Study of China's Legal History" as examples to show the process of Su Li's absorption or internalization from other people's works. Although the above is an interpretation of Liang Zhiping's Interpretation of Legal Culture, it actually involves Liang Zhiping's main works-perhaps only a great understanding of his main works. In order to complete this evaluation, this paper mainly analyzes several changes (three paradigms) of Liang's legal culture research paradigm and the reasons for the changes, seeing both advantages and disadvantages, reflecting on his own research methods and proposing to engage in legal research with flexible analytical tools; In view of the reflection on the research methods of legal history, the latter part thinks that the research methods of law are not applied but linked to legal literacy, which is formed in the process of continuous thinking. To paraphrase Confucius' saying, "See the sage Si Qi, but not the sage for introspection", the former mainly lies in "See the sage Si Qi" and even "be unkind", which is also encouraged by * * *; The latter is an American scholar who "meets the sage Si Qi", while the latter "meets the sage Si Qi" is the concept of China's dislocation method. This part is mainly the expression of legal research methods, which belongs to the content of legal order; Su Li not only absorbed other people's ideas about order (which can be well exemplified from the last adapted article), but also internalized other people's research methods in law, making legal order a close part of the rule of law order, such as linking timeliness with literacy, which may be its remarkable feature. This is reading other people's orders and arming yourself with the help of others! Third, in the third part, "reading and order". Newton has a famous saying to the effect that if I see farther than others, it is because I stand on the shoulders of giants; Even if we don't need to achieve Newton's achievements, we need to stand on the shoulders of giants to see further and broaden our horizons, and express our thoughts and behaviors rationally and profoundly: for a child, his only task is to grow up, adapt to society and show his unique abilities through his own thinking and the help of others; For adults, if they want to better adapt to society and change their situation, they may not only rely on their own direct thinking, but also rely on other people's thinking. However, only relying on others, without internalizing ourselves and reflecting, then our behavior is just copying, and it is impossible to innovate, so our rational behavior has the uniqueness of distinguishing others. Finally formed his own new personal order. Specific to the third part of this book, a total of three articles, are long academic papers (this is mainly compared with other articles in this book, if it is similar to other academic papers of the author behind; Of course, compared with other scholars in the legal field in China, it is definitely not a short story). This is an expression formed by the author's own rational and profound thinking on the rule of law order, and it has its own unique imprint. Whether it is the legal research method of the research approach or the expression of his ideas and opinions, the former is internalized in the author's expression. The author will take "The Rule of Law in China in the View of Modernization" as an example to make an interpretation: in the first article he read, the author stated his position in the study of learning art, that is, reading the order in China's market economy and understanding the changes in the system; This state determines its "excuse"-in fact, it is also a kind of transmission (in fact, this is an important conclusion of this paper)-the real formation of order is the cause of the whole nation ... ",and it has not put forward a series of impassioned system designs for the rule of law order in China; Instead, I insist that I have been "learning" from other people's legal research methods (isn't it part of my internalization? ), mainly the methods and approaches of sociology and economics, analyzes the rationality of the two "rule of law" orders and a series of problems in the process of transformation; Specific to the context of China, it is only the amplification of these problems. In this article, we can't see the pure experience and observation of others, not only our initial thinking, but also all others'. We can't tell which part is our own (initial thinking) and which part is others', but the unique thinking mark formed by reflection! A new Su Li order has been formed! Third, we need to analyze the connotation of the rule of law order from the perspective of Su Li! From the above discussion, we can sum up three levels of Su Li's personal connotation of order from the reading structure. The first level is his direct observation of order, the second level is his understanding of others' views on order (similar to the first level, but with different objects), and the third level is the presentation of the results of the continuous "fighting" between the first two levels and the formation of a new order. This process can also be realized from a passage by Chen Ruihua, who is also a professor at Peking University-although it is analyzed from the perspective of legal research (showing a part of Su Li's personal order), it is also an analysis of the final (or already "complicated") state-"reading thousands of books" and "taking the Wan Li road", which are the two only ways for us to acquire knowledge. To make academic contributions, on the one hand, we need to read widely and stand at the forefront of this subject; On the other hand, we should really understand China society and make a convincing theoretical response. ”。 But you can simplify it. Ways (you must have ways first, but you can't learn now, which is your second behavior) → (insufficient) reading → academic contribution. However, the three-layer connotation of this order has a major premise, which is set by the author himself and is also its unique mark, that is, it is only a reading order; In other words, Su Li showed three levels of order in reading and found the structure of order! However, can these three levels of order be clearly defined? When a scholar turns his eyes to the order he cares about again, when he expresses the third meaning of order, it degenerates into the first meaning; Conclusion and thinking have become tools for direct use, and then collide with other people's thoughts, whether criticizing or praising others, they will inevitably slide to a new second meaning about order; Finally, a new order will be formed! At this time, we can truly understand Su Li's emotion of "putting on Yue", which is just a way of human existence! But in my opinion, if we want to internalize this feeling and experience or have a further experience, we'd better look at the three levels of Su Li's thinking about order from a broader perspective, which is the problem that needs to be discussed in the next part! 3. From natural order to human social order, under the explanation of "Big Bang Theory", the universe exploded at a point smaller than the needle tip around150-14 billion years, resulting in time, space, matter and energy. Matter and energy are transformed into each other, forming galaxies, stars, planets, satellites, nebulae and other substances in time and space. There are thousands of galaxies, and our Milky Way is just one of the ordinary members, with more than 200 billion stars. As a very common member of the star system, the sun was born about 5 billion years ago. About 4.6 billion years ago, the sun was born as a smaller planet in the solar system when it was 400 million years old. Although the earth was formed 4.6 billion years ago, it was a "fireball" with a surface temperature as high as 5000 degrees. After several years of cooling, the earth finally cooled down, and low-level creatures appeared 2 billion years ago. As a biological species, human beings appeared 6 million years ago and are no longer apes. He can stand 4 million years ago, and the ancestors of modern people appeared around 200 thousand years ago. The human gene was determined 654.38 million years ago. From a genetic point of view, human evolution is stagnant. This is the biological evolution history of human beings, and its cultural history-in my opinion, it is the history of human beings acting on nature in their own way of thinking-can be traced back to 12000. Can be bounded by 12000. Before that, it was the evolution process of pure natural order, and no one participated subjectively. Although man was born for millions of years, he only became a part of nature as a creature, and his role in nature may be similar to that of whitebait. This is an era of "the world is ruthless, and everything is grass dogs", an era of natural order, and a "quiet" world and universe without "sound". After 12000, only people in the whole world began to be restless and began to express this restlessness. Because of the pressure of population, mankind has stepped out of the stage of gathering food and stepped into the stage of agriculture and nomadic industry (about10000-2000); The latter, especially agriculture, is greatly restricted by the natural environment (especially in time). Humans need time to arrange agriculture, so they accept the temptation of the moon-the moon and the moon change frequently and regularly. One day, someone said, "The moon is full of rain or shine", which became the first time unit of human beings. Then, they found the change of seasons, the week, the last moment, and. With timing tools, human beings can better arrange their own time and affairs, and some people will specialize in sorting out and understanding nature. In the extra time, some people are "idle", such as monks or priests-they are all from heaven, holding mysterious forces and gaining authority from them; At the beginning of the war, the other part of the secular people gained almost the same power, but they could not destroy each other (monk class). When surplus products appear in society, they rule together and eventually form society and country. This is a social order determined by the natural order and involving human culture. At the same time, it is also an era of "noise" and "hurry"! The formation of social order has changed the structure of the original natural order and promoted efficiency, thus creating a "new" natural order, which, together with the original natural order, constitutes the present natural order-a natural order with human imprint; It also determines people's new social order, especially for people who have just grown up! This is a process in which natural order and social order promote each other after the birth of human society, and in this process, the concept of social order is injected into natural order to a higher and higher degree (of course, on the other hand, this also gives us a wrong idea that social order is regarded as all, and natural order becomes an irrelevant or unnecessary problem; People are so arrogant that they think they can do whatever they want. In fact, the above is a discussion about the three connotations of social order! In fact, since human beings have known the natural order, natural order and human order have evolved into natural grades respectively, which is called "the theory of laying hens' fatigue". The mutual "overlapping" evolution of order and human social order can be expressed in a historical term. The original intention is to solve the problem of how we look at ancient fictional history. According to Qi Liang's narrative, there are three main points, namely, "The later the (1) era, the longer the legendary ancient history period; (2) As time goes on, the legendary figures become taller; (3) Even if we are not sure whether a historical figure or event is true, we can know its earliest situation in the legend "-and I use its opposite meaning, not because of the truth of specific facts, but because of the" authenticity "of the order embodied by these facts, and also extend to the natural order (after human participation); Specifically, first, the more the natural order becomes, the thicker the human mark becomes, but it is definitely not equal to the human mark. Second, the later the social order, the richer and more complex the social relations, and the more and more levels. We should grasp some basic orders as common sense (generally, we can't doubt that they become the second "natural" order of mankind) and become a powerful tool to understand complex orders; Later, it also had what unger called "historical burden"; Third, the "overlapping" evolution of natural order and human social order became increasingly unclear. Who is the natural order and who is the social order, just like the relationship between facts and values, or we can properly express what Su Li said when discussing how judges determine facts and laws (in fact, it is the social format of the events he later explained), that is, "fact or law?" . Here, the author tries to explain the formation of natural order and social order and the fact that they are integrated with each other, which not only shows the triple significance of the current social order; It is also to express the incredible fact that a person wants to change an order and system at the beginning or with the help of a person's strength-the author is deeply touched by what Su Li said in the book Reading, "Kawakami said"! -because: from the point of view that human beings are part of the natural order. As the earth's 6 billion molecules (even smaller if people in ancient times are added), it is very small in the whole human group and is dispensable relative to the earth. Similarly, the earth is very small relative to the sun, the sun is dispensable relative to the galaxy, and the galaxy is dispensable relative to the universe. It can be further said that the natural order of human beings relative to the earth, and the earth relative to the Milky Way (not to mention the universe) is equivalent to an ant in basketball (even equivalent to a needle in the sea). When two basketballs collide, ants will shake off or die. 65 million years ago, there were no humans on the earth, which belonged to the century of dinosaurs. As a result, an asteroid hit the earth and the dinosaurs disappeared. Although human understanding of the natural order has made great progress, so far, we are still in the solar system, and people have only been to the moon once or twice at most; In other words, at present, human beings should realize their own sense of smallness, so the main task is to know them! From the perspective of human being as a part of social order. Although the formation and evolution of human social order is too small relative to the earth, it is by no means a short day for specific individuals. In the stratification of human order, we have formed a model that needs our layered understanding, that is, a model that makes a person sigh at the system. Fortunately, the human institutional order itself does not exist, but is attached to the natural order. We may distinguish our mistakes in understanding the natural order, not to start over, but to make fewer mistakes or correct the mistakes that can be corrected in the future system! Whether you want to correct or commit less crimes, the premise is to read these orders carefully! In this context, what can we do except to "please" immediately? Let's experience how Su Li expressed this comfortable and passionate "Yue"! 4. Feel the "Yue Lun Chuan" and its enlightenment to us. Yue on Sichuan is an academic reflection article, which is a response to some people who care about him questioning that he has no solid theoretical foundation in the book The Rule of Law and Its Local Resources, that is, a kind of "Yue on Sichuan" thought discussed later. The article puts forward two reasons that it will continue to adhere to the academic approach of "Sichuan music". First, China's traditional culture is a feature of "putting on yue" (relative to western culture); Secondly, in western culture, the western culture that the author understands and contacts is an anti-foundationalism, pragmatism and other ideas, rather than those political, philosophical and moral views and theories. This is in sharp contrast with the academic attitude and methods of ordinary scholars (China did not have his own legal research method, but now academic research appeared after the spread of western learning to the east, which is a different combination of various methods of China tradition and western research, and we often regard it as an organic whole, which has caused many unnecessary misunderstandings), because they have always insisted on another method (which China originally needed).