(1) A research method initiated by the contemporary western synthesis school. Since the beginning of this century, natural law has been used in western jurisprudence; Analysis-represented by normative law and sociological law, three schools of thought are formed. They argue endlessly, each holding a certain aspect of legal research, infinitely expanding its significance and trying to obliterate the significance of other schools.
After World War II, some western jurists have accused the above three schools of law of their bigotry and exclusiveness, arguing that social, economic, psychological, historical and cultural factors and value judgments all affect the formulation and implementation of laws, and that laws should be a special combination of "form, value and fact".
Therefore, it is unscientific to explain the legal system and legal phenomena with any single absolute factor or reason. It is necessary to reform the methodology of law, combine the value analysis, formal analysis and fact analysis of law, and adopt an all-round and multi-level research trend. Therefore, the comprehensive research method of law came into being.
The main representative figures and works advocating this methodology are: Hal in the United States and his Comprehensive Law, Ding and his Inference of Legal System and Jurists, his Jurisprudence and Fechner in the former West Germany. At present, the method of comprehensive research has exerted considerable influence in the field of western methodology, because according to the inherent law of discipline development, the mutual absorption and reference of schools and methodologies is one of the driving forces of discipline development.
However, as a methodology, the comprehensive research method is essentially a compromise of the research methods of the three schools, involving a lot of content and still being subjective and arbitrary.
(2) Research methods for studying legal phenomena from multiple angles and levels, including philosophy, history, sociology, comparative law, annotation law, axiology and semantic analysis. The comprehensive application of multidisciplinary research methods can help us to grasp all aspects and factors of legal phenomena more deeply.
Extended data:
From the legal form, including the constitution, laws, regulations and other forms of written law and unwritten law.
From the perspective of legal system, it includes constitution, administrative law, civil and commercial law, economic law, procedural law, social law, criminal law, international law, procedural law and various other departmental laws;
In terms of time, it includes ancient law, modern law, modern law and contemporary law;
In space, it includes national law, foreign law, local law and foreign law;
Generally speaking, it includes domestic law and international law, fundamental law and common law, general law and special law, substantive law and procedural law;
From the form of expression, it includes dynamic law and static law, concrete law and abstract law, paper law and life law, ideal law (such as natural law) and realistic law (such as the law that actually takes effect) and so on.
Law can only be regarded as a veritable law if it has a panoramic view of these laws in different meanings and studies them.
References:
Baidu Encyclopedia —— A Comprehensive Legal Research Method