| Max Weber(hereinafter referred to as Weber)and his formal rationalism are the typical representatives of western legal thought,which has caused the domestic debate between "Westernization" and "localization",and the logical unity required by formal rationality leads to the separation of theory and practice.In fact,under the dualistic thinking of "either this or that",there is another choice,that is,the "practical logic" put forward by Huang Zongzhi.China should adhere to the legal thought of practical moralism held since ancient times.According to Huang Zongzhi’s research theory,this paper takes the practical moralism legal thought as the topic,carries on the longitudinal thinking to the Qing Dynasty,the Anti Japanese War period and the three historical periods after the founding of the people’s Republic of China,studies Huang Zongzhi’s criticism of the paradox phenomenon,the absorption of the triple theory,and the dialogue with Weber’s formal rationalism,explores the meaning of the practical moralism legal thought,and finally discovers the practicability and morality of it.It is the essential feature of Chinese legal activities,and the ancient Chinese law is not "Cady justice" as Weber thought.The contradiction between Chinese discourse and expression,between formal system and informal system,and between theory and practice can not be explained by formal logic.Only with the help of "practical logic" can we explain the independence,particularity and complexity of Chinese legal development,which is not to replace the old theory with a new one.Of course,Huang Zongzhi and his thoughts are not perfect.There are some conflicts in his thoughts,which is the limitation of practical moralism.In addition,this paper hopes to provide a reference for the development of China’s legal science. |
