作为科学的法律学

对法律的规范性研究和科学性研究都忽略了法现象具备"公设人为"、"人化自然"的特征。法学研究既不能仅从内部对规范进行结构与逻辑分析,也不能断然取消对法现象的价值评判。具备物性的法律制度是一个事实,但也是可由人们按照法理念来塑造或修正的事实。

Theory of Law as Science

The writers all ignore the fact that the phenomenon of law which has the man-made characteristics as well as established by the public while they are making the normative research and scientific research to it. The science of law should know no limitation of structural and logical analysis for the inner ground of norms, no calling off the evaluation. We should realize that the legal system with materiality is undoubtfully a fact but meanwhile we can mould and correct it according to our legal idea.