| The purpose of this dissertation is try to explore the problems of the basic theory of philosophy of law, that is to say,the opposition between"being"and"should"of law on the level of ontology, the opposition between metaphysical thinking and scientific thinking of law on the level of epistemology, the opposition between ideal language and daily language on the level of language. After the turn of linguistics and the epistemology of modern philosophy, the ontology without Linguistics and epistemology is invalid; The study of the issue of"existence"is going on hided in the levels of"thought"and"language". So if we want to settle the problems of the existence of law, we should put it onto the levels of language and the thinking of law.The puzzle dom comes from the antithesis between different thoughts of philosophy. In the history of philosophy of law,every transition of philosophical pattern of thought effects the innovation of the forms of thought and the change of the direction of value directly. Different philosophical theory leads to the establishment of dissimilar schools of philosophy of law. So the dissertation tries to prove and study the internal contradiction of the basic theoretical problems of philosophy of law from the angle or view of philosophy.The conflict happening in both philosophical field and the field of philosophy of law among different kinds of thought seems amazingly similar: A dispute between ideal-language school and daily language school has turned up in the field of modern philosophy. Similarly, in the law-philosophical area, an argument... |