Research Of Donald Black's Legal Theory

Donald Black is a famous Sociologist of law. He created a particular law theory, which named "pure sociology". And his theory had a major impact in Sociology of law. In the scope of law theory, he tried to use analysis and forecast phenomena of law in any area. This attempt received a high evaluation. Many researchers praise it as an achievement in legal theory. In practice, Black insist that we mast persist Value neutrality injustice. He put this concept in the practice of analysis about case, and hopes getting a harmony status about similar case getting similar results. As our country, I think this theory has important value for our justice.But unfortunately, the research about Donald Black's Legal Theory is always deficiency. And researchers look like unclearly about this theory. So we can get a phenomenon that people have two conflicting evaluation. This situation was initially attributed to the abstract of their legal work. I don't think so. Despite the abstraction works because hinder the reader's understanding of the text, but not lead the reader to the ideological content generated mixed reviews. This paper argues that the basic idea of Black's Law methods of deficiency is the main cause this phenomenon.So this paper introduces the Cambridge in history of thought research methods, to try to answer at this stage there are Black's Theory of the legal dispute, and reveal the core of study of Black's legal theory, thought for the correct understanding of the basic elements of Black's Law basis.Cambridge School appeared in 60 years of the 20th century. As a well-known school of Intellectual History, it is used by researchers the entire world. Quentin Skinner, John Dunn and John Pocock are representatives of Cambridge. They insisted using methods of Historical Contextualism to research the texts of Intellectual History, This paper introduce these methods in part 1 as the ground work of Black's Legal Theory.According to the Cambridge of the requirements of the two basic methods, in part 2 and part 3,1 try to show tow features of Black's Legal Theory.In part 2, I try to find the historic features of Black's Legal Theory. Show the legal thinking from the creative intent of Black for the correct understanding of the basic elements of legal thought Blake basis.In part 3, I try to answer the question about the contact between text and the ideological trends in the social context. I thought Black's Law "idea element" a clear delineation of areas of historical thought.In part 4,I defined the scope of core in Black's Legal Theory. Because of the lack of current research, and resulted in some bias on this issue understand it, need the right to be revised.Through the above four parts of the experiment, this paper argues the Cambridge school "historical contextualist" research method is introduced to the study of legal thought Blake is necessary. In this paper, the fifth part of the legal thinking of the history of experimental research are summarized, pointing out that the Cambridge School of Intellectual History through the methodology of the guidelines, we have a basic understanding of legal thought Blake and the Cambridge Intellectual History our law school to study Revelation.