科學立法的法理探微：基於理性概念嬗變的分析

A Jurisprudential Study of Scientific Legislation:Based on an Analysis of Transmutation of the Concept of Reason

由於認識論傳統中理性主義與科學主義的影響，在自然法學派和分析實證主義法學派中，立法被視作處理價值爭議的非理性過程，并非是理性的事業。因此，傳統法理學中，在科學立法問題并未受到其應有的關切。佩雷爾曼的合情理性理論恢復了對價值推導邏輯的研究，并提出了重新理解理性概念的新進路;據此，立法是一個理性的過程，應當受到科學方法的指引，科學立法是立法的核心問題。

The rule of law is regarded as a shared cultural concept in modern democratic countries,and the positive law is an important legal source in the traditional state of the law,and its significance in the process of realizing the rule of law goes without saying.Legislation,as the core of dealing with the positive law field,it seems that the importance of its theory is also natural.However,in fact,in the influence of rationalism and scientism in epistemological traditions,whether the natural law school or the analytic positive law school,it can be said that the legislative issue has not received its due concern,Legislation is regarded as a place to deal with value disputes,and value discussion is not a cause of reason,so legislation is irrational.In Perelman’s theory,the study of value derivation logic is restored,and a new approach to re-understand the rational concept is put forward,and the emphasis on legislative science must be based on the rationality of legislation and follow the proposed methodological guidelines,so as to clarify the practical significance of the scientific discourse of legislation,this article based on the evolution of the rational concept and its change in the field of legal theory then to anchor the proper understanding of scientific Legislation.