{"title":"对两种普通法学方法论的批判性思考。","authors":"Jorge Cortés-Monroy","doi":"10.1093/ojls/gqaf020","DOIUrl":null,"url":null,"abstract":"<p><p>Whether in the form of conceptual analysis or as grounding reduction, armchair theorising has been the main method of theory construction in general jurisprudence in the English-speaking world. Given important deficiencies in this way of proceeding, empiricist jurisprudence, particularly in the form of reductive naturalism, has emerged as an alternative to armchair theorising and has gained some support within the discipline. In this article, I argue that both of these methodological positions ultimately provide us with partial and thus inadequate explanations of the <i>complex</i> social phenomenon of law. In their failure, however, each position does get something right. I then further argue that to make good of these positions' strengths and simultaneously correct their shortcomings, we need to be able to navigate between the self-understanding of participants of the social practice of law and the viewpoints of social scientists and critical observers.</p>","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":"45 3","pages":"775-800"},"PeriodicalIF":1.0000,"publicationDate":"2025-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12395247/pdf/","citationCount":"0","resultStr":"{\"title\":\"A Critical Consideration of Two Methodologies of General Jurisprudence.\",\"authors\":\"Jorge Cortés-Monroy\",\"doi\":\"10.1093/ojls/gqaf020\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Whether in the form of conceptual analysis or as grounding reduction, armchair theorising has been the main method of theory construction in general jurisprudence in the English-speaking world. Given important deficiencies in this way of proceeding, empiricist jurisprudence, particularly in the form of reductive naturalism, has emerged as an alternative to armchair theorising and has gained some support within the discipline. In this article, I argue that both of these methodological positions ultimately provide us with partial and thus inadequate explanations of the <i>complex</i> social phenomenon of law. In their failure, however, each position does get something right. I then further argue that to make good of these positions' strengths and simultaneously correct their shortcomings, we need to be able to navigate between the self-understanding of participants of the social practice of law and the viewpoints of social scientists and critical observers.</p>\",\"PeriodicalId\":47225,\"journal\":{\"name\":\"Oxford Journal of Legal Studies\",\"volume\":\"45 3\",\"pages\":\"775-800\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2025-06-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12395247/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/ojls/gqaf020\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2025/1/1 0:00:00\",\"PubModel\":\"eCollection\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/ojls/gqaf020","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/1/1 0:00:00","PubModel":"eCollection","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
A Critical Consideration of Two Methodologies of General Jurisprudence.
Whether in the form of conceptual analysis or as grounding reduction, armchair theorising has been the main method of theory construction in general jurisprudence in the English-speaking world. Given important deficiencies in this way of proceeding, empiricist jurisprudence, particularly in the form of reductive naturalism, has emerged as an alternative to armchair theorising and has gained some support within the discipline. In this article, I argue that both of these methodological positions ultimately provide us with partial and thus inadequate explanations of the complex social phenomenon of law. In their failure, however, each position does get something right. I then further argue that to make good of these positions' strengths and simultaneously correct their shortcomings, we need to be able to navigate between the self-understanding of participants of the social practice of law and the viewpoints of social scientists and critical observers.
期刊介绍:
The Oxford Journal of Legal Studies is published on behalf of the Faculty of Law in the University of Oxford. It is designed to encourage interest in all matters relating to law, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. No topic of legal interest is excluded from consideration. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the European Community, legal history and philosophy, and interdisciplinary material in areas of relevance.