Logic In Doctrine Of Legal Culture

In the colorful pattern of the Chinese legal thoughts, the doctrine of legal culture is not only a carefully written, but also a growing academic point that deserves our attention. The doctrine of legal culture explores the fundamental reasons mainly from the perspective of legal systems. Nowadays, there are a few studies on the systematic analysis of the logic of legal culture, which is regarded as one of the mainstream discourses in the academic field. Therefore, based on the discussion of the implied potential proposition, it is necessary to grasp the inner logic of legal culture and its deep influence, so as to propose new thinking to the development of the doctrine of legal culture.The doctrine of legal culture has gradually formed three theoretical modes in the process of its development. Qu Tongzu represents the legal culture of sociological approach; Liang Zhiping and Zhang Zhongqiu stand for the legal culture of topologic approach; Liu Zuoxiang represents the legal culture of Marxism social historical materialism. Taking the background of the rise of the doctrine of legal culture into consideration, this thesis analyzes the legal culture viewpoints of the four scholars from the different theoretical modes, so as to discuss the logic vein and the deep influences of the doctrine of legal culture which is named as the influence of unthinking. On that account, this thesis explores the reasons why legal cultural scholars sink into the influence of unthinking and its perniciousness, and then initially discusses how to solve the theoretical dilemma of doctrine of legal culture...