关键词： 法治逻辑 法治思维 法理思维 法律思维 法律方法
What Problems Can Logic of Rule by Law and Jurisprudential Thinking Solve?
(Legal Method Institute, East China University of Political Science and Law, Shanghai 201620 China)
Abstract: Jurisprudential thinking is closely related to the logic of rule by law. Talking about jurisprudential thinking cannot be isolated from the connection between jurisprudence and logic. The combination of these two dimensions constitutes jurisprudential thinking or the logic of rule by law. Jurisprudential thinking is a way of thinking based on the requirements of the rule by law or the rule of law theory. It makes use of logical thinking rules to meet the requirements of the rule of law. Beyond the legal thinking and the rule by law thinking, combined with the comprehensive use of legal methods, we can find the way of thinking that the rule of law is realized; meanwhile, it can better handle the relationship between logic and experience, provide a way of thinking for the construction of the legal discourse system, shape the rules of thinking for the rule of law in China, and provide new fields for the expansion of legal logic research.
Keywords: logic of rule by law; rule by law thinking; jurisprudential thinking; legal thinking; legal method