关键词：法理学 部门法学 抽象和反哺 输入和运用 蕴含或融合
Three Models of Relationship between Jurisprudence and Department Laws
Abstract: The paradigm of department laws research nowadays is legal dogmatics. The rise of legal dogmatics symbolized a way for Chinese legal science to get rid of the "immatureness-ridicule" and start a process of professionalization, which by no way means its own closeness and insulation from department laws. An important aspect of a mature legal science lies in the real mixture of jurisprudence and department laws. The relationship between jurisprudence and department laws demonstrates in three ways: firstly, abstraction and feeding-back, i.e., certain department law provides a theoretical prototype and then jurisprudence gives an abstraction in oder to feed back to various department laws. This model includes not only generalization of legal concepts and feeding-back, but also systematization of legal methods and feeding-back. Secondly, import and application, i.e., jurisprudence imports viewpoints or methods from sciences other than legal science, then applies them to department laws, which mainly manifests both as import and application of philosophical theories (in narrow sense), and that of ethical theories. Thirdly, implication and unification, i.e., doctrines in jurisprudence implicates certain theories in department law itself, or unifies certain theories in department law as a whole. Therefore, jurisprudence does not constitute “redundancy in knowledge” comparative to department laws. In a word, jurisprudence without department laws is empty, and department laws without jurisprudence are blind.
Key Words: jurisprudence, department laws, abstraction and feeding-back, import and application, implication and unification