1. Jurisprudence is one of the main (core) courses in legal education and belongs to the theoretical discipline in the whole legal system. It is a theoretical analysis of legal principles, legal rules, legal concepts, legal contents and legal categories in a country's legal system, and explores its spiritual essence. Jurisprudence is a basic theoretical course for the majors of criminal law, civil and commercial law, criminal investigation, economic law and international law. Instead of studying the specific problems of a specific legal department or a certain legal rule, we pay attention to the basic legal content which has theoretical basis and methodological guiding significance for the laws of various departments. Jurisprudence plays a fundamental role in training and helping all law undergraduates to improve their legal quality and enhance their legal awareness and concept of rule of law. It is also the theoretical basis and guiding ideology for legal professionals to do a good job in legislation, law enforcement, justice, law-abiding and legal supervision.
2. Because jurisprudence is an introductory course of law education, it is generally arranged in the first academic year of four-year law undergraduate. However, the course of jurisprudence covers a wide range of basic legal knowledge, which can cover almost all the contents of legal disciplines. According to the specific situation of freshmen, the teaching of basic knowledge, concepts and principles of jurisprudence should be emphasized in the teaching process. Therefore, the goal of jurisprudence course is: through the study of this course, the first-year law undergraduates can understand the basic knowledge and content of law, master the most general theoretical knowledge of jurisprudence, master the basic principles and principles of legal theory in the third year, establish correct legal concepts, cultivate professional legal quality, and analyze social legal phenomena by using legal theory in combination with the practice of socialist legal system construction in contemporary China.
3. The relationship between jurisprudence and other law courses: this course is offered at the same time as the basic courses of law majors such as constitution and legal history, which is the premise and foundation for studying law courses in various departments.
Introduction to jurisprudence
Learning objectives and requirements
Through the study of this chapter, we can understand the basic situation of jurisprudence, involving the concept of jurisprudence, the emergence and development of jurisprudence, the principle difference between bourgeois jurisprudence and Marxist jurisprudence, the status of jurisprudence, the research methods and ideas of jurisprudence, etc. Key points: Jurisprudence is a basic discipline in the field of law, which takes the whole social legal phenomenon and its development as the research object. Jurisprudence came into being to meet the needs of its own development and social revolution. In the development of legal history, there are two different types of jurisprudence, namely, bourgeois jurisprudence and Marxist jurisprudence. In the discipline system of law, jurisprudence is in the position of "basic theoretical discipline", and there are relationships between it and other legal disciplines, such as individuality and individuality, commonness and characteristics.
Section 1 The concept of jurisprudence
Evolution of Jurisprudence Names
Jurisprudence is a theoretical discipline of law, which is usually called "philosophy of law" or "jurisprudence" in western countries. In old China, it was called "General Theory of Law" or "Jurisprudence". In 1950s, according to the theoretical model of the former Soviet Union, it was called "theory of state and law", "theory of state and legal power" or "theory of state and law". From 65438 to 0980, Peking University Chen Shouyi edited the textbook Basic Theory of Law, which has been used as a subject name ever since. At present, most textbooks published in China adopt the name of "jurisprudence".
Second, the research object of jurisprudence
1. Law is a social science that studies social legal phenomena and their development laws.
Social legal phenomena include a country's current legal system, legal system and legal norms. Including legislation, law enforcement, justice, law-abiding and legal supervision; It also includes the law of law's emergence, development, change and extinction.
2. Jurisprudence is the basic discipline in the field of law and the cornerstone of a magnificent legal building. It takes the whole legal phenomenon and its development law as the research object. The key research objects of jurisprudence should be legal ontology, legal development theory, legal value theory and function theory, legal operation theory, legal education and legal profession.