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Policy-oriented jurisprudence send Discussion

Author: ZhaoWeiWei
Tutor: XinChongYang
School: China University of Political Science
Course: International Law
Keywords: Legal Methodology Jurisprudence Analysis and evaluation The Concept of Law Application of the law Accepted and recognized The force of law The standard theory The classic definition of International Law
CLC: D909.1
Type: Master's thesis
Year: 2004
Downloads: 171
Quote: 0
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Abstract


The law is enacted by the State recognized by the national force to ensure the implementation of the principle of the sum of the rules, this concept a long time and for the people accepted and recognized, and has become the classic definition of the law, over the years has never been This raised doubt. Policy-oriented law school before law school most of its attention on the reason why these principles and rules with the force of law on the issue, that is effective on the basis In other words, almost the law, principles and rules of this issue to question. Policy-oriented law school has changed the international law and even the field of law harmonious and tranquil atmosphere. The school is a clear-cut legal performance of more than just the principle of black and white rules, but an authoritative choice process, but the school also is not just solely on what is legal pure text games, but the Law as a real one science to look at and study, and thus construct their own standards of jurisprudence and its own jurisprudence, which expand the study of law nature of that law is what should be a rule or process issues. This article by shaking the provision of the policy-oriented law school to Voice of the review and look at the traditional Law, including International Law at the same time, to learn and absorb the place of science in the school, trying to do to try and strive to reveal true nature of the Law. This article is divided into five parts, Introduction to the history and current status of the policy-oriented law school, and academic policy-oriented jurisprudence to send the response. The second part describes the policy-oriented school of law school, including the three aspects of policy-oriented law school of jurisprudence standard theory; general jurisprudence of the policy-oriented law school, described in detail in this part of policy-oriented law school in the eyes of the Law the entire architecture, including the concept of law, the application of the law, the function of law, the directional Law of the policy here to send from a new perspective to introduce the Law discipline, it is concluded that the unprecedented, it is also new terminology, specialized ; The third area is policy-oriented law school of international jurisprudence on the basis of general legal principles of the school, focusing on specific issues of international law to make an introduction. The third part is from the perspective of jurisprudence to expand the analysis and evaluation of policy-oriented law school, including two content First, review a variety of law school, look at its problems; school policy-oriented jurisprudence jurisprudence and the jurisprudence standards to analyze, show policy-oriented law school a revolutionary breakthrough in the law methodology to further reveal the gaps in the law school. The fourth part is the analysis and evaluation of policy-oriented law school in the field of domestic law and international law, the specific views and from the perspective of jurisprudence. Mainly from the domestic society and the international community to discuss policy-oriented school of law applicable to specific areas and inappropriate and asked the author's perfect views of the law of the existing domestic and international level. The conclusion of the fifth part, restated the view of the author of the policy-oriented Law School: agree with the school on the point of view of the law methodology, negating its analysis on the general legal principles, some agree with their views on international law.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > World
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