Understanding of Law —— On the Understanding of Law and Jurisprudence
The law is guaranteed by the state, which regulates human life and summarizes the universal norms to solve human contradictions. Law is the study of law through explanation and debate, with the purpose of explanatory exposition and criticism. From their concepts, we can see that law and jurisprudence cannot be equated, and there are great differences between them. In real life, we should distinguish between the concepts of law and jurisprudence, so as to learn and apply law better.
Keywords: law; Law; Unique connection
Law is the inevitable product of human life, which is based on the existence of justice and guaranteed by the coercive power of the state. Law is also a kind of social norm, that is, the norm to adjust the relationship between people, which requires each of us to abide by. Once we break the law, we will be punished accordingly. Because of the weak concept of law, many people can't understand the law correctly and realize its function. They believe that the law is only related to judicial personnel, lawyers, criminals, victims and other people engaged in legal work, but also to those who violate the law and suffer damage because of others' violation of the law. We don't need laws in our daily life. In fact, this concept is wrong. The law is universal and covers all aspects of social life. For example, the simple act of going to the supermarket to buy a bottle of water is also legal. Without laws, the whole society can't function.
Law is different from morality and custom. It does not rely on personal conscience to ensure its implementation, nor will it change its nature because of social concern. It is guaranteed by the compulsory force of the state. In a big society, people's behavior is also very strange. Not every behavior is bound by law, but they need to be regulated by morality or custom. However, some behaviors cannot be stopped by morality or custom alone, and must be enforced by law. So I think law, morality and social customs all restrict people's behavior. Law doesn't always exist, it is gradually developed by people in social life. When some behaviors seriously violate moral customs, these behaviors can no longer be tolerated by people, and people need some special norms to meet their needs and wishes, so the law came into being. In this sense, I think the law originated from social customs and moral norms, and its formulation must not violate moral and social customs. However, it is a deeper social norm than social customs and moral norms. It is formulated by the ruling class on the premise of not violating morality and social customs, guaranteed by the state coercive force, embodies the will of the ruling class, and restricts the sum of the ruling class's legal norms at the same time.
The law is produced according to people's needs and wishes, and it cannot disappoint people, which determines that the law must be legitimate. What is the topic of philosophy of law? Appropriate laws? 、? Justice? This also reflects the legitimacy of the law, which should be considered in our daily life? What is the appropriate law? And then what? How to recognize and realize proper law? . Law and justice are closely linked, and law should achieve the purpose of protecting justice. Laws that can't protect justice can't convince people and will eventually be overturned. In addition to justice, public interest is also a goal of law. In view of the thinking of legal public interest, some scholars have put forward? Bad laws are illegal? And then what? Evil law is also law? This proposal. Some people think:? Even if the law is evil, there is always some value, and the value of the law is doubted. ? Indeed, people can't refuse to obey the law just because it is evil. Since it can be enacted as a law, it always has its value, at least under the historical conditions at that time. If a law is made and people don't abide by it because they think it is a bad law, is the enforceability of the law guaranteed? In this way, what is the deterrent power of the law? In addition, if the law changes frequently, it will also weaken the deterrent power of the law, because the law that changes frequently will give people an uncertain feeling that it doesn't matter whether it is observed or not, so the law should have the characteristics of stability. In order to maintain the stability of the law, we should abide by the evil law before it should be changed. Of course, if there are conditions for the abolition of evil laws, that is another matter.
Because the law comes into being in response to people's needs and wishes, some people think that what is beneficial to the people is the law. I think this view is extremely wrong, and it is difficult to judge whether it is beneficial to people. If legislators have made some laws that are beneficial to the people, but these laws may not be beneficial to most people, then we have not realized the rule of law in the process of making laws, and how will we realize the rule of law in the process of implementing laws? Generally speaking, I think that when a law is enacted, it should be legitimate and enforceable, so we should abide by the law and understand it correctly. In addition, the law guarantees freedom by restricting people's freedom. It should be mandatory, stable, fair and universally binding, so as to ensure the effective conduct of social order.
The law is a matter of course that everyone should abide by. In real life, the scale and complexity of law are increasing, and the research and interpretation of law need legal professionals. In order to study law, jurists appeared in society as professionals and established their own professional groups. But just having professional knowledge does not mean science. In order to embody science, law came into being. China scholars integrated the similarities and differences of various theories and defined law as:? Law is a general term for knowledge and disciplines that specialize in the study of legal phenomena and their laws. ? The research object of law is law, and the method of law is explanation and demonstration. The research object of law is not only the existing laws of a country, but also the past and invalid laws. Legal history is the basic subject of law.
Law is scientific, ideological, practical and theoretical. It has a set of independent conceptual categories and theoretical principles. It is the theoretical response of social legal life in a certain era. It is closely related to legal practice and provides theoretical knowledge for the development of law. The law also pays attention to the social phenomenon of law, makes a value judgment on this phenomenon, reveals the relationship between legal subject and legal object, and the consequences brought by legal practice, which provides an objective standard for us to judge the quality of law.
Law is a cultural discipline, which plays an important role in the development of law. Law has deepened our understanding of the law by explaining and demonstrating the laws of different periods and countries. It not only explains the phenomenon and significance of law, but also predicts the future development direction of law by studying legal phenomena. Some jurists are still studying the law, comparing the advantages and disadvantages of various laws, providing valuable suggestions for the future development of the law and making great contributions to the further improvement of the law. In addition, the legal system also provides legal education for schools and has made many contributions to the training of legal talents. The lawyers trained by it can combine professional documents with judicial practice, which can not only solve legal problems in real life, but also contribute to the development and perfection of law in the future.
In a word, there are differences and connections between law and jurisprudence. Law comes from legal practice and guides legal practice. However, it is not completely bound by legal practice, and it shows its transcendence over legal practice everywhere. It not only reveals the legal phenomenon, but also guides the law, reflects the reality of the law and foresees the future of the law.
refer to
Roger cotwell. Introduction to sociology of law [M]. Beijing: Huaxia Publishing House, 1989.
[2] Luo Dahua. Dictionary of legal psychology [Z]. Beijing: People's Publishing House, 1989.
[3 Fan Jinxue. The concept of law and modernization [M]. Jinan: Shandong University Press, 2002.
Brief introduction of the author
Shi (199 1-), female, studied in Shijiazhuang, Hebei Province, majoring in ideological and political education.
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