On the sui generis nature of legal concepts and its practical implications
Legal concepts are the basic constituent units of legal rules and legal knowledge.Legal concepts have unique characteristics such as legality,practicality,and normativity.Based on these uniqueness,legal concepts are neither descriptive nor natural or interpretive,but rather self-contained.The uniqueness and sui generis nature of legal concepts have important practical implications.First,it is the sui generis nature that makes legal interpretation a creative cognitive activity,and the uniqueness of legal concepts,although not completely determining the method of interpretation,can provide some inspiration or insight for us to think about the method of interpretation,and can be used to exclude some irrational practices or views.Secondly,the sui generis nature of legal concepts makes legal propositions sui generis,which brings some unique requirements for legal justification.Finally,and most importantly,these unique characteristics of legal concepts and their sui generis nature enable the prerequisites for the realization of the rule of law to be met.