Research Paradigms of Law as a Social Science:Taking Criminal Law as the Example of Analysis
The research object determines the ideas and approaches in the study,which ultimately contributes to the formation of research paradigms.The life process of a law experiences stages as social norms,value choices,or potentially established doctrinal norms.Targeting different research objects:social facts,value patterns,or doctrinal norms of law,the social science of law,philosophy of law,and dogmatics of law have respectively developed their own research paradigms.However,an isolated existence of a research paradigm cannot lead to appropriate conclusions.For a law to be enacted,to ensure its stability,a normative analysis should be employed first to make interpretation,refine concepts and construct the system.This process requires the introduction of factors such as social structure,value concepts,and the dynamic process of adjudication.Then,various approaches like value analysis and empirical analysis should be utilized to reflect on the legitimacy and rationality of the law from multiple perspectives.However,subject to the constraints of reality,an objective research should exert efforts independently while also taking into account other studies to form a synergistic force that complements each other and facilitates continuous improvement.
research paradigms of lawsocial science of lawphilosophy of lawdogmatics of lawsocial science
NETL
NSTL
万方数据
