2008year4month16日In the evening, the fourth event of "Half Monthly Talks on Public Law" was held at the Law School114Classroom successfully held。In this Bet365 sportsbook reviewevent,Zhang Yufei, a doctoral student at the Law School of Renmin University of China, gave a keynote speech titled "Preliminary Issues in the Pragmatist Concept of Constitution"。This seminar is hosted by Liu Xiaoyuan, a doctoral student in our school,Professor Xiao Jinming、Associate Professor Mou Xiankui、Master's degree in Constitutional Government and related majors、PhD students participated in this seminar。
Zhang Yufei first pointed out to us that his original intention of considering this research issue was because of his interest inReflections on the current status of legal research。The operation of law can be roughly divided into three stages: legislation、Judiciary and Law Enforcement。Chinese legal research focuses on these three stages differently,Focus more on the second stage, that is, the study of justice,The problem is that legal research has a weak sense of facts,Research that focuses too much on values and norms,Ignoring another factual dimension。Legal research does not pay attention to social background,Not paying attention to social effects,Only deduced within the legal system itself,Disconnecting jurisprudence from entity。
Then,Zhang Yufei conducted a detailed analysis of the traditional and current approaches to constitutional law research, namely value Best slot on Bet365research and normative research。Two approaches to constitutional law research have their own characteristics and contributions,But they all have their own problems。Value research tends to neglect the study of legal norms themselves and turn a blind eye to China’s national conditions,Resulting in a lack of technical ability to solve problems in value research。Normative research faces two situations: when it is clear in the constitutional text,No room for self-display;And when the constitutional text is abstract,Since the final judicial decision often comes from the judge’s personal value judgment,It also leads to the same goal as traditional value research。
Based on the first two points,Zhang Yufei finally put forward several clear positions of his pragmatic view of the constitution。First,The pragmatist view of the Constitution advocates the concept of instrumentalism,That is, looking at the constitution from an instrumental perspective。Second,The pragmatist view of the Constitution focuses on the study of facts and experience。Third,The pragmatist view of the constitution focuses on the social effects of the constitution and constitutional judgments。Fourth,The pragmatist view of the constitution recognizes the limitations Bet365 Pokerof the constitution,Advocates an open attitude to absorb resources from other fields。
In the report question and comment stage,Students actively communicated with doctoral student Zhang Yufei,Professor Xiao Jinming、Associate Professor Mou Xiankui also made wonderful comments and summary。Last,The lecture ended successfully with bursts of applause。In this three-hour academic exchange event,The whole scene remained serious、Focused and warm atmosphere,While constantly breaking the time limit,It also truly realizes the unbounded communication and collision between different academic thoughts and viewpoints。