The Historical Evolution Of Legal Dogmatics And Its Logic Expansion

The conception, function and significance of Legal dogmatics is a subject that often emerges unceasingly new insights. In the west, especially in the legal culture of Germany, Legal dogmatics has a long history. Legal dogmatics was related to Theology dogmatics at first, and later was associated with historical and conceptual jurisprudence. Conceptual jurisprudence provide Legal dogmatics a soundly methodological basis. Under the impact of today’s ideological background and law and social science,legal dogmatics confronts with a new round of theoretical integration. Closed concept of legal dogmatics has been shattered, its reflective and critical function begins to grow, and legal dogmatics becomes more open and practical.Legal dogmatics insists on internal attitude to legal career, and typically belongs to the "jurisprudence within jurisprudence". First, Legal Dogmatics points to positive law norms. Norms in currently valid positive law constitute the premise and foundation of operating legal dogmatics, and the potential boundary of studying. Legal Dogmatics keeps open to value judgement. defensively, and absorbs empirical knowledge selectively. Its cognition is open, but its operation is closed. Second, legal dogmatics points to systemic thinking. The development of systemic thinking in legal dogmatics requires the viewpoint of connection and development. It is important to prevent individualize thinking excessively, and equally important to prevent closed thinking. Third, legal dogmatics points to judicial judgement. Legal dogmatics maintains judicial centralism, and aims to settle practical problems. Legal dogmatics maintains the dominant position of legal norms, the constraint effect of law on judgement, the legal attribute of judicial judgement, and raises no objection to, even necessarily accepts empirical knowledge and value judgement. Fourth, legal dogmatics points to normative research. Legal dogmatics upholds the attribute of law as norm, and believes that legal research should hold a normative standpoint. Empirical research only play a supplementary role.Legal dogmatics, as a kind of phronesis, plays an irreplaceable role both in the theory construction of jurisprudence and legal practice. Jurisprudence, whose goal is realizing law-ruling, must be dogmatic. Legal dogmatics is the core of jurisprudence. The unique contribution of jurisprudence to knowledge and practice is exactly provided by legal dogmatics. Chinization and judicialization is the essential meaning of legal dogmatics.