Two Forms and Significance of Legal Academic Criticism

Academic criticism in law can be divided into two forms: internal criticism and external criticism.External criticism often fails to touch the real concerns of the object of criticism,easily ignores the theoretical presuppositions of the object of criticism,implies different concepts and discourse systems from the very beginning,or imposes tasks on the object of criticism that do not belong to the object of criticism in the first place.However,by highlighting the diversity of perspectives and objects of legal knowledge research,external criticism is able to point out the inherent defects of the object of criticism and the limits of its usefulness,prompting it to reflect explicitly on its own experience or theoretical presuppositions and to absorb the reasonable kernel of criticism.Internal criticism tends to neglect the reflection on common presuppositions,lose the concern for the “big problem”,or replace the problem study itself with doctrinal research.Compared with external criticism,internal criticism is more focused and can directly contribute to the evolution and development of theories and doctrines.In the current Chinese context,internal criticism should be the focus of constructing the knowledge system of Chinese law,but external criticism should also be allowed to play a complementary role.