The Methodology of Constructing the “Three Systems” of Chinese Legal Science from the Perspective of the “Science of Legal Science”

Author: Mo Jihong


Abstract: The construction of the discipline system, academic system, and discourse system (“three systems”) of legal science is an important research task facing the current Chinese law circle. Due to the long-term lack of research in the law circle on the knowledge system, methodology, and value function of the “science of legal science” in the sense of the science of science, the theoretical research on the “three systems” of legal science is limited within the framework of traditional legal theory and cannot be effectively expanded. The key to truly overcoming the misconceptions and difficulties in theoretical research on the construction of the “three systems” of legal science is to treat legal science as a science, construct the “science of legal science” based on the principles and methodology of the science of science, and comprehensively and systematically study the value relationships and logical connections between the discipline system, academic system, and discourse system of legal science through the scientific and effective application of the methodology of the “science of legal science”. Only then can China make a real breakthrough in the theoretical research of its own “three systems” of legal science, ensure the authenticity and effectiveness of the theoretical research of the “three systems” of legal science, and provide a necessary theoretical basis and effective methodology for improving the overall level of Chinese legal research.

Key Words: the science of science; the science of legal science; “three systems”; methodology

Author: Mo Jihong, director and research fellow, CASS Institute of Law;

Source: 6 (2023) Law and Social Development.