Return to the Logical Starting Point of Legal Thinking by Fiction

The vagueness of the logical starting point of legal thinking has become a conceptual obstacle to promoting the construction of the rule of law. Following logical rules is a remarkable feature of legal thinking. The logical starting point of the legal thinking that serves the rule of law is the fictional law. Although the content of legal norms comes from the society, the systematic legal framework is the product made up by legislators. The legal principles, norms, concepts and subjects that have been drawn up as institutional facts are an integral part of the “history of effect”. As a result of intentional thinking, the law has defined the society to be adjusted. The rule of law is the order defined by law. Law is not only the guide of thinking, but also the premise of reasoning, the object of interpretation and the basis of argument. The basic feature of legal thinking is “thinking according to law”, and the fictional law is the starting point of thinking according to law.