一、问题的提出法的价值与理念~①属于历久弥新的命题,虽深奥但却实在,虽艰涩但却丰富,曾吸引一代又一代的法律人思索和探悉。但在不断增长的理论厌倦症的影响下,我们时常也会发出“理论无用论”的哀叹,日益发达的科学技术和精巧的研究方法似乎正在将思想的作用驱走。“多研究些问题,少谈些主义”成为我们回避这一命题的一个很好的借口。问题是,我们真的能够回避 First, the question put forward the value of law and philosophy ~ ① is a timeless new proposition, though esoteric but actually, though difficult but rich, has attracted generations of legal people to think and explore. However, under the influence of the growing theory of tiredness, we often lament that “the theory of uselessness” laments that the increasingly developed science and technology and the sophisticated research methods seem to be driving away the role of thought. “Studying more of these questions and less of doctrine” is a good excuse for us to avoid this proposition. The problem is that we can really avoid it