Philosophy Of Law. "should"

China's jurisprudence has shown itself with a various methodologies since 1990s: more and more methodologies, such as the methodology of anthropology, sociology, economics, etc., have been consciously used by contemporary Chinese jurists. In all these methodologies, the author believes analytical positivism is the most important to China's jurisprudence because it is the key to many debates which is mainly from the inexact and fuzzy definitions; furthermore, analytical positivism of norm is the methodology only for law and jurisprudence. That is, analytical positivism is the particular methodology for law.Fortunately, analytical positivism has been taken more and more seriously, which can be known by the phenomenon that plenty of referring articles and books have been published. In all these works, we can hardly find any articles or books studying legal empty words, such as be, may, ought to, must, etc., which is a pity because of following: one is these empty words always play important roles of coupling in the code; two is that they can be a visual angle to analysis law's empire; three is that they appear so infrequently in a code and there are many misusages in lawmaking about the empty words. So, the author thinks it is necessary to do research on them.In this article, the empty phrase ought to is the focus and core.The author insists that an all-sided research on ought to including not only its analytical positivism aspect but also its value and social positivism aspect even he thinks the positivism analysis of it is all-important. Therefore, the article studies the empty word ought to from 3 angles:Firstly, the value aspect of ought to. The substance of the value of ought to is why the law, as a norm to regulate human actions, can be efficient? In other words, it is about the problem of legitimacy.As we all know, there are so many scholars and jurists have studied the legitimacy of the positive law that we can not turn a blind eye to the thoughts history when researching on it. Namely, the research on legitimacy of law is a job mainly about unscrambling the history of legal theory. The author believes that a doctoral article should not take a research pattern...