Between Ancient and Modern,China and Western:Four Forms of Jurisprudence
Although jurisprudence is only a secondary discipline within the system of legal disciplines,there are a variety of schools of jurisprudence theories.In terms of the changes between ancient and modern times and the differences between China and the West,four schools of jurisprudence theories with different logical starting points can be identified:the jurisprudence of virtue of ancient China,whose logical starting point can be found in"Yaodian"of Shangshu;the jurisprudence of rationality of ancient West,whose logical starting point is found in Genesis of The Old Testament;the jurisprudence of modern social contract theory,whose logical starting point is seen in Hobbes'Leviathan;and the historical materialist jurisprudence of mod-ern and contemporary eras,whose logical starting point can be seen in The Origin of the Family,Private Property and the State by Engles as well as its latest form-the socialist jurisprudence with Chinese character-istics.Due to the differences in historical conditions,the four schools inevitably present different academic the-oretical forms.A fuller understanding of these jurisprudences in different forms will help us comprehensively grasp the knowledge system,academic system,and discourse system of jurisprudence within the legal science discipline system.
jurisprudence of virtuejurisprudence of rationalitysocial contract theoryhistorical materi-alismsocialist jurisprudence with Chinese characteristics
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