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Resolving Confficts Between Systematic and Historical Interpretations in legal Reasoning

Yaoran Lei

Abstract


This article focuses on the application of metaphorical thinking in legal methodology and its potential significance, conducts a detailed analysis of the interdisciplinary characteristics of metaphorical thinking, involving its creativity, cognitive understanding and interpretive ability. Facing emerging problems, the limitations exposed by traditional legal methodology are gradually prominent, and there is an urgent need for innovative research paths to deal with them. A comprehensive analysis of the application of metaphorical thinking in the field of law is carried out. Involving three theoretical levels: epistemology, hermeneutics and axiology, this tool has a significant auxiliary effect in the understanding and construction of legal theory, promotes the enhancement of analogical reasoning, strengthens the certainty of legal provisions to fit the dynamic adjustment of legal progress, and can also achieve the transmission and coordination of legal values. The problems presented by metaphorical thinking, such as uncertainty, subjectivity, ease of abuse and the difficulty in coordinating with traditional methods, should also prompt our deep reffection. The application of metaphorical thinking in legal research and practice has opened up new ways of observation and implementation. It is an urgent task to systematically optimize the implementation of rules and integrate them with the established technical framework. Strive to achieve all-round progress and improvement in the discipline of law and strengthen the supporting system for the construction of a law-based country.

Keywords


Metaphorical thinking; Methodology of Law; Legal interpretation; Legal reasoning; Legal value

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References


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DOI: http://dx.doi.org/10.18686/ahe.v9i2.14134

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