英文摘要 |
Legal studies have two different ways of observation or research, that is, the internal point of view and external point of view. In short, the former is the normative (institutional) factual point of view, while the latter is the social (factual) point of view. Therefore, Legal studies can be divided into two aspects: the internal point of view and external point of view. The former takes legal norms as the premise and the institutional facts as the research object, takes normative analysis as the basic method, and emphasizes the thinking of normativity- based and normative determinism. The latter takes the relationship between legal norms and other social facts as the research object, and applies the methods of other social sciences, such as economics, politics, sociology, anthropology, etc., as the specific methods to observe and study the phenomena and laws of legal practice. It emphasizes the thinking of social (factual)- based and social determinism. Legal study, especially legal dogmatics, is an important branch of social 'science', which has a species relationship with social science. Therefore, Legal dogmatics and the so- called 'Social Sciences Law' cannot be treated as a logical parallel relationship. With regard to two different kinds of legal studies, it is not so much Legal Dogmatics &. Law and Social Sciences as the Internal and external point of view of Law. |