The Properties And The Theory Of Philosophy Of Law Development Trend

Applied legal philosophy is a mark of the maturity of the country's law, is our legal research and legal practice to the necessity of the development. Department of philosophy as legal philosophy research subject position, is law continuous innovation results, is also the most legal research front with development prospects crossover study fields. But as a new field of study, "the" philosophy of law is put forward, or sparked many legal confusion and depth.This paper is a applied legal philosophy theoretical aspects of exploratory papers with experience, this paper summarized, logic deduction and systematic analysis method from on macroscopic grasped the philosophy of law embodies the theoretical system, the authors for overall understanding of philosophy department.This paper tries to department from the following aspects of the study of philosophy:(a), philosophical concept definition: a departmentApplied legal philosophy is the legal field in application, it is legal philosophy research around department of law, is on micro-viewpoint department and legal philosophy research produced emerging cross. It includes criminal applied legal philosophy, civil applied legal philosophy, the constitution philosophy, administrative law, economic law and philosophy, procedural applied legal philosophy such specific discipline, department of philosophy specific discipline, it is philosophy of lateral extension is legal philosophy, this area are the floorboard of all subjects.Through the concept definition, the author concluded that philosophy of law characteristics. First: applied legal philosophy can't constitute a new subject, only as a new legal philosophy research field. Second:applied legal philosophy department and legal philosophy is the emerging research fields produced crossing, emphasize its research methods and cross. Third: department of philosophy of applied legal philosophy is spread laterally, is a bit legal philosophy research field. They include: civil applied legal philosophy, the criminal applied legal philosophy, procedure applied legal philosophy, etc.(2), legal philosophy subject discussion:For legal philosophy, it is discipline problems has seen and heard, and at this point of view, basically have equal theory, paratactic theory, affiliate theory, crossover, theory of five kinds of views. Corresponding The author thinks that philosophy of law should be strictly distinguish with jurisprudence. Legal philosophy is legal and philosophy, the cross-disciplinary research about legal phenomena in the philosophy of law, belong to the category of edge. Jurisprudence is law basic disciplines, to study law provides general theory and the basic rule, belongs to the category of ontology law.(3), the subject:philosophy of lawLegal philosophy from on macroscopic into legal philosophy and philosophy of law theory of two departments. Theory applied legal philosophy, the legal philosophy of law theory of philosophy, philosophy of law methodology, comparative philosophy of law four aspects; Department of legal philosophy department philosophical theory, substantive applied legal philosophy, procedural applied legal philosophy and international applied legal philosophy composed four departments. The legal philosophy department under the philosophy is a research field.(4), the development of philosophy of law pathThis paper USES reflection, criticism and constructing method from different angles on the construction of applied legal philosophy elaborated. In no predecessors to legal philosophy and philosophical theory system construction department premise, create a new theoretical system.Applied legal philosophy theoretical system construction, has the important practical significance:(a), promote the philosophy department jurisprudence. For the law institute systematized. Along the philosophy of law system, from the general to the specific, gradual, be helpful for people to practice applied legal philosophy, and overall assurance legal philosophy for legal practice service.(2), promote the edge of jurisprudence research. We as edge of jurisprudence of advocates, and actively facilitator, we think philosophy of law is law specific discipline, edge legal philosophy department philosophy is a research field. Such logic thought the department of philosophy research under the cross is, in fact, follow the thinking. This dissertation further deepening and enriched the edge of legal theory.