Practice Law Under The Rational Dimension Of The Concept

The law concept is a key question of law philosophy. Law concept and legal epistemology getting related request to make a self-criticism how reason function to realize value. So Phronesis as epistemological category is regarded as a mainly analytic tool about law concept.The natural law has shared the same subject with the law positivism that legal epistemology mode — subject and object. Phronesis is to surmount natural law and legal positivism .It establishes a rational mode of understanding legal norm! Through we investigate intellectually the history of Phronesis, we can find out phronesis what expounds saying , arguing and agreement among people.If we accept the phronesis model of legal epistemology, law is actually spoken by a kind of phronesis saying. The validity of behavior in making normal legislation and a judicial judgment comes from reason saying among people. This kind of law concept not only expresses the idea of the doctrine of the procedure, but also has pointed to the public and democracy of law. The law truth reached through phronesis saying is formed afterward, and has its own limits. In addition, there should have had the public field that people can free say and argue. When social structural is researched, public field is introduced to offer structural support for the phronesis model of the law concept.The sense of law concept is required in the process of rule of law. The unique consideration that is referred to China in the phronesis model of law concept is that legal system modernization is examined with the democratic position. Rule of law of democracy has expressed the fundamental demand that fosters the public field in the open society, which is key in the process of " China governed by law ".