共性与个性:“法律人”思维的多种可能

“法律人”的思维包含思维共性和思维个性，源于“法律人”的职业性格与本质属性。“法律人”共同体，由于专业技能与职业所需，在思维方式上具有共性，但是在处理法律案件中并非总是有效的。共性思维是一种思维定式，存在的缺陷给“法律人”的思维个性留下了空间。“法律人”的思维个性在处理法律问题时则会让“法律人”不自觉地带入自身的价值观。“法律人”思维共性与个性为辩证统一关系，二者良性互动不畅，易造成“法律人”错误思维。唯有思维共性与个性良性互动，避免陷入思维定式，才构成完整的“法律人”思维径。 

Commonality and Individuality: The Various Possibilities of a Lawyer's Thinking

Thinking is a unique mental activity.The thinking of a lawyer includes the commonality and the personality of thinking,which stems from the professional character and essential attributes of a lawyer.The community of lawyers has a commonality in thinking because of professional skills and needs.However,the common thinking of a lawyer is not always effective in dealing with legal cases.The defects of common thinking leave room for the thinking personality of a lawyer which indicates that he or she will unconsciously include his or her own values when dealing with legal issues.The commonality and individuality of a lawyer is a dialectical unit.The benign interaction between the two is not easy, which may lead to wrong thinking, and must be corrected.Lawyerly thinking has significance in safeguarding the community's right to speak and promote professional specialization.However,a lawyer should avoid falling into the stereotype of thinking only in the benign interaction of commonality and the individuality of thinking.Constituting the thinking of a lawyer is an important path to deepening the construction of such thought.