The Pragmatics Diversion Of Legal Research

In the second half of the 20th century, almost all the philosophical works referred to Ludwig Wittgenstein, and many people even regarded him as the greatest philosopher in the 20 century. We generally divide his philosophical thoughts into different parts according to his two representative works. In the early period, Wittgenstein evolved the relationship between thought and the world into the relationship between language and the world, and revealed their secrets by logic. In the light of his early philosophical context, we can conclude it as the "Picture Theory" Later, Wittgenstein admitted explicitly that it’s wrong to replace the daily language with constructed language, and began to propose veering from constructed language to daily language. Based on more abstract thinking of linguistic philosophy, His linguistic philosophy laid more emphasis on the regularities of pragmatic thought, and extended the intersubjectivity of pragmatic thought on this basis, which provided a new dialogue platform for philosophy. Even though his works referred to many aspects, he did not study and discuss legal problems on the public directly. Correspondingly, Wittgenstein’s philosophical thought had a great influence on such jurisprudents as Harts, Hans Kelson and Brian Bix. In the modern nomology field of Britain and America, his philosophical thought, especially the later period, has still had profound impact on many theoretical analysts. Therefore, we have to systematically and thoroughly study this research subject of the association between Wittgenstein and legal theories, and pay more attention to his later philosophical thought. Association studies are generally adopted in academic studies, which can lay a foundation for our deep research.The effects of Wittgenstein’s philosophy on legal theories are mainly showed in six respects, i.e. the study of legal philosophy, the legal structure, the legal nature, legal methods and the study of department laws. These six respects can also be divided into four fields, the field of legal philosophy, the field of legal knowledge,the field of legal thinking and the field of department laws. Both Wittgenstein’s early philosophy and his later have great effects on the study of legal philosophy, under the influence of which multidimensional turn has been on the way or realized. For the multiple composition of law, we study the definition of law, legal rules, legal principles from the microcosmic point of view, and define the multiplicity of legal norm system from the macroscopic point of view. With the help of Wittgenstein’s linguistic philosophy, we can discuss the multiple composition from these two points. His linguistic philosophy offers important theory resources for the internal contradictions of law, including regularity problem, certainty problem, objectivity problem and universality problem, which is very important but not unique. It’s the same with the study of the internal contradiction and language environment of China’s government by law, which in essence is to seek for the world picture described by Wittgenstein. For the integration of legal thoughts, we can draw help from theoretical resources of philosophy. Pragmatic thought of the mainstream dialogue platform in modern philosophy no doubt provides important theoretical support for integrating legal thoughts, in which his family resemblance theory and the language environment theory are crucial. In his later time, Wittgenstein attached importance to the study of daily linguistic meaning, and came up with the analysis paradigm of language games, putting language into daily life and operating pragmatic analysis, which bases the term of the legal method study on linguistic philosophy, The regularity and intersubjectivity of pragmatic thought became the important theoretical basis of the study rule turn of law. Wittgenstein’s philosophy, especially in his later period, is routine and practice-oriented, and department laws closely related to the public are more practical, which has direct impact on the study of department laws in the way of family resemblance. Trial studies must be of risks, and the process and the result are not often perfect, but we always expect the thrilling leap of thought, perhaps this is exactly the treasure Wittgenstein brings to us.