從法學基礎理論到法理學

法學基礎理論源於國家與法權理論傳統。該傳統的研究物件是整個國家與法權，此即研究物件整體論；該傳統強調剝削者國家與法權與社會主義國家與法權的本質區別，此即研究物件二元論。由研究物件二元論與整體論決定，國家與法權理論傳統形成了“縱”的體系和“指導”型知識生產機制的基本特徵。法學基礎理論繼承了上述特徵。從二十世紀八十年代中期到九十年代中期，學者先後提出“一般法律”“一般法”等概念，用研究物件一元論取代了二元論，“縱”的體系消失，法學基礎理論更名法理學；但研究物件整體論依然延續，以法理學的指導性為中心，發展出一般理論、基礎理論、方法論三個面向，未來中國法理學的發展將圍繞對這三個面向的爭論進一步展開。

Fundamental theory of law stems from the tradition of theory of state and law. The object of this tradition was whole state and law, which is based on the wholism of object. This tradition emphasized the essential difference between exploiter states’ state and law and socialist states’ state and law, which is based on the dualism of object. The basic characteristics of vertical system and the mechanism to produce directive knowledge in the tradition derived from the dualism and wholism of object. Fundamental theory of law has inherited the previous characteristics. From mid. . . . . . 1980s to mid. . . . . . 1990s, scholars put forward general law and other concepts and substituted the monism of object for the dualism of object. The vertical system disappeared. Fundamental theory of law was renamed jurisprudence. However, the wholism of object remained. Centering on the directivity of jurisprudence, three aspects which were general theory, fundamental theory and methodology were developed. In the future, Chinese jurisprudence will go on developing surrounding the debates on those aspects.