On Legal Facts And Legal Values: As The Common Question Of Jurispruiddence

The philosophy should guide the jurisrudence as we take it as a subfield of philosophy, many issues in jurisprudence are specific questions in the realm of philosophy. On the contrary, the development of jurisprudence can promote the advance of philosophyThere is a common question that throughout the system of philosophy and any faction of philosophy can not ignore it. According the depiction of Friedrich Von Engels, the common question of philosophy is the relation of thinking and being. Jurisrudence as a subfield of philosophy also should have its own common question. The common question is set in the development and the ideology of the society, and it connects all the subjects like philosophy, law, etc.From my point of view, the common question of jurisprudence is the relation of legal facts and legal values. Based on this common question, the jurisprudence can communicate with other social sciences. The dialectic cogitation of this common question makes legal thinker and legal science unique to others. The common question of philosophy is the abstract assurance of dialectical relation in our material well-being life, it should be materialized in other concrete departments. The concrete departments should have an academic platform with philosophy in order to accept the theory of it. The common questions of other concrete departments can be seen as the platform. As a part of concrete department of philosophy,jurisprudence must have a common question that link them together. On one hand, the common question of jurisprudence as a portion of ideology takes part in the dialectic cogitation of the material life; on the other hand, the common question of jurisprudence is in possession of its own characteristic by reason of its'peculiarity. For the singularity of legal value part, the main judge of it is the legal community, this community is correspondingly closed and in possession of its special mode of thinking. The position which taken by this community makes it different from the man in the street not only in the way how to watch the society but also the mode how to solve the problems. This can be taken as the specific legal values of the legal community and actually it is their philosophy of living. Meanwhile, these special legal values determine the legal fact which is got to know by us in the system of legal value. Although some legal facts are reclosing with social facts, most of them are different from the social facts since it is based on specific values and it can be seen as legal fact only if they pass through the inspection of legal valuesThe dialectical relation of legal values and legal facts promotes the shape and change of law. Owing to the development of the society, new status that not existed in legal system are emerging, for example, along with the new terms of trade, the new business organizations will ask the validation of their identities, and this request will chang the legal values. The alter of legal values will act on legal facts and it makes the new modes of trade and business organizations be confirmed by law.The significance that we take the relation of legal values and legal facts as the common question of jurisprudence is momentous. For one thing it makes jurisprudence self-consciously hold it as materialistic theory, for another it makes jurisprudence communicate with other subjects.Chapter one illustrates the concept of ideology. I analyse it from there different aspects:the development of this concept; the relation of consciousness and ideology; the relation of ideology and science.Chapter two discusses the academic sense of the common question of philosophy, I also investigate the relation of the common question of philosophy and ideology. I consider that the common question of philosophy is the supreme abstraction of ideology. Each subject can fuse with others in the system of ideology because of the common question of philosophy.Chapter three is the core of this paper, in this part, I discuss two concepts:legal facts and legal values. I think the viewpoint that takes legal facts as. what law is and takes legal values as what law should be is wrong. I soppose that we should reconsider the concept of legal facts and legal values from the ideology point.Chapter four analyses the legal facts and legal values from the piont of legal norms. This comprehension is not only an argumentation of the two new concepts but also a self-examination of the legitimacy of legal norms.