A Research On William Twining's General Jurisprudence

From a global perspective,some of the main assumptions and viewpoints in the study of Western traditional jurisprudence often carry Western prejudice,showing the tendency of Western centralism,national centralism,specialism,and northernism.In the context of globalization,We need Conduct legal theory research in a broader,universal,and diverse perspective.Therefore,William Twining proposed to revive the general jurisprudence in the Anglo-American legal tradition,advocated expanding the research agenda and focus of traditional jurisprudence,and seeking the possibility of a general jurisprudence that can reasonably cover all levels of social relations and the norms and legal order of these relationships.In his book "General Jurisprudence: Understanding Law from a Global Perspective",Twining has carried out a detailed construction of general jurisprudence in the context of globalization from the perspective of analytical dimension,normative dimension and empirical dimension,and The book is a main manifestation is of his General Jurisprudence.Based on the book,this thesis explores the general jurisprudence thoughts of Twining,expounds its understanding of the limitations of these theories in the critical review of British and American traditional jurisprudence,and the general jurisprudential research perspectives of its claims.Its exploration of the possible way out of general jurisprudence,through analysis,finds that the "general" of general jurisprudence thoughts of retreat is based on the "diversified generality" based on the diversity of beliefs and cultures.Therefore,the paper tries to diversify into faith and culture.The rationality of existence and the general possibilities built on a plural basis are analyzed.The first part is a comprehensive overview of the general jurisprudence of the retreat.It mainly clarifies the challenges of the globalization background to the traditional legal theory and the construction process of the general jurisprudence from the analysis,norms and experience in the book "General Jurisprudence: Understanding the Law from a Global Perspective".Through a brief review of this construction process,we can see the difference between the limitations of Western traditional jurisprudence and its general jurisprudence in the context of globalization,and the main focus of traditional jurisprudence.Focusing on national laws in Western countries,general jurisprudence emphasizes that various legal forms in non-Western traditions and cultural contexts are equally important for the study of legal theory,and that some mainstream views in traditional jurisprudence can be extended and translated and generally The views of jurisprudence fit together.The second part specifically analyzes the limitations of traditional jurisprudence from a global perspective and the perspective of general jurisprudence claims.Traditional jurisprudence has a very long-standing intellectual foundation,including natural law traditions,common law traditions and positivist traditions,but from a global perspective,some of the main assumptions and viewpoints in traditional jurisprudence often carry Western biases,and The focus and main theories are limited.This section elaborates on these limitations mainly from Western centralism,national centralism,specialism,and northernism.The general jurisprudence of the retreat of Twining breaks through the narrow scope of traditional jurisprudence,pays attention to non-Western traditions and cultural viewpoints,and links legal theory research with real issues such as human rights,extreme inequality,and environmental protection.This part mainly focuses on general regularity.The perspective,general perspective,broad perspective and multiple perspectives clarify the level of general jurisprudence.The third part examines the content of the three legal fields related to the general jurisprudence.The starting point and foothold of traditional jurisprudence research are mainly the national laws in Western countries.Some jurists who try to conduct more extensive research return to a specialism in the face of the problems of faith and cultural diversity.Twining pointed out that the main way to avoid these trends is international commercial law,international law and human rights law.Therefore,this section explores the extent to which these three,especially the human rights field,are broken through a brief review of the historical development trajectories of these three legal fields and a review of international commercial law,international law and human rights law in the context of globalization.To explore the extent to which these three,especially the human rights field,have broken through the limitations of traditional jurisprudence and reflect the retreat of general jurisprudence.The fourth part mainly reflects on how the general jurisprudence of the retreat can be reflected.Through the analysis of the third part of the content,it is found that the diversity of beliefs and cultures is the main problem that the international unified law needs to face,and it is also the main challenge faced by general jurisprudence,and the "general" of the general jurisprudence thought of the retreat is precisely Based on the pluralism of faith and cultural diversity,this section mainly analyzes the philosophical foundation and legitimacy of beliefs and cultural pluralism,and attempts to explore the general possibilities of pluralism.