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Pound Sociological Jurisprudence

Posted on:2009-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:J F JiangFull Text:PDF
GTID:2206360245467338Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Roscoe Pound was one of the representative figures in the field of sociological jurisprudence in the United States and in the world .He wrote a lot of books and articles and established sociological jurisprudence. His theory is profound and is a remarkable milestone in the history of Western jurisprudence.This thesis, returning to the Western classics on Sociological jurisprudence, which was represented by Pound, and based on the disposal of current problems in China, intends to further analyze these problems and view them more critically. Beginning with researches in and criticisms on Pound's sociological jurisprudence, and concerned with solutions to China's social problems, the thesis will theorize these problems, thus adding to the knowledge of Chinese sociological jurisprudence and Chinese philosophical law.Research methods employed in this thesis are knowledge sociology, comparative study, historical research, and empirical research. The author treats Pound's sociological jurisprudence as an intellectual product and analyzes the social and theoretical backgrounds against which this product came about, hence the employment of knowledge sociology. As to comparative study, the author makes a comparative analysis between Pound's time and the present-day China so that we can take a broader view on the problems in China. At the same time, the emergence and development of Pound's sociological jurisprudence are rooted in its historical background. Therefore, the theory must be studied against this background. So historical analysis must be involved. Last, Empirical research is indispensable to sociological research and is one of its basic research methods.In this thesis, the interpretation of Pound's sociological jurisprudence is based on the current context-specific knowledge and the author'own conditions. The thesis deals with problems from a Chinese perspective under the guidance of global perspective. This author strives to make certain contributions to theories on Chinese sociological jurisprudence as an internal participant, on the basis of"sympathetic appreciation"of Pound's theories. The outline of this thesis is as follows: in the introduction, certain key words are defined, research methods involved are introduced, and theoretical and practical values of the study are illustrated. In the body, Pound's sociological jurisprudence is first illustrated and deconstructed, that is, is studied from the perspectives of knowledge sociology and theoretical logic. Then his theories are criticize from the perspective of knowledge increment and on the basis of this, the author attempts to argue for the possibility of establishing Chinese sociological law. In the conclusion, some final conclusions are made and some criticisms on the thesis itself are included.Through critical reading of Pound's related works, concerned with the particular time and space of intellectual products, especially the internal logic of knowledge increment, This thesis illustrates and reiterates Pound's sociological jurisprudence theories, then reviews it from the perspective of knowledge increment, and expects to exert positive and far-reaching influence on Chinese sociological jurisprudence and Chinese legal philosophy. This is the main idea of the thesis and its innovation also lies here.
Keywords/Search Tags:Roscoe Pound, Sociological Jurisprudence, Global Structure, Chinese Perspective, Interpretation, reiterate, Criticism, Construction, Knowledge Increment, Chinese Legal Philosophy
PDF Full Text Request
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