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Academic criticism of the HP lter has pointed out some serious drawbacks.
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For representative examples of the voluminous academic criticism of Smith, see James D.
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The Delaware Supreme Court has rejected the academic criticism of Unocal.
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| Original Theory of Roman Law" is an opus that cond en ses professor zhou's much effort, in domestic, it is the most authoritative mon ograph about Roman Law, at present, too. "Original theory" is done for Chinese specially for the purpose of propagating Roman Laws. Its academic characteristi c behaves concretely in three aspects:First, through examining and correct and a nalyzing carefully, the noun terms explained and translated in "original theory " catch the spirit accurately, and generally accepted by the... Original Theory of Roman Law" is an opus that cond en ses professor zhou's much effort, in domestic, it is the most authoritative mon ograph about Roman Law, at present, too. "Original theory" is done for Chinese specially for the purpose of propagating Roman Laws. Its academic characteristi c behaves concretely in three aspects:First, through examining and correct and a nalyzing carefully, the noun terms explained and translated in "original theory " catch the spirit accurately, and generally accepted by the academia. Second, though "original theory" selects the materials extensively, it differentiates and analyzes them very accurately; he does his best to expound of the principle of Roman Law clearly and explain the profound in simple terms. Third, "original theory" inherits the style of study of seeking truth and stressing on real eff ect always insisted by professor zhou and the style of insisting the academic cr iticism, establishes the model for the research of the Roman Law. | 《罗马法原论》是周教授的心血力作,也是目前国内最为权威的罗马法专著。《原论》以传播罗马法为宗旨,专为中国人而作。其学术特色具体表现在三个方面。其一,经过细致的考订和分析,《原论》所译解之名词术语准确传神,并为学界普遍接受。其二,《原论》博观约取,在对材料的选择考订上,取材愈广,辨析愈精;在对罗马法原理的阐述上,则力求透彻明了,深入浅出。其三,《原论》秉承了周教授一贯坚持的求真务实的学风,勇于并且坚持学术批评,为罗马法的研究树立了典范。 | The science of Chinese modern law history is based on both the traditional science of legal history and exotic science of legal history. Correct understanding the nature of the science of Chinese legal history is of great significance to improving the independent character of the subject, and promoting further development of the subject. Applying the modern theories of branch laws in analyzing the material of legal history of traditional society of China is the main symbol of the formation and development of... The science of Chinese modern law history is based on both the traditional science of legal history and exotic science of legal history. Correct understanding the nature of the science of Chinese legal history is of great significance to improving the independent character of the subject, and promoting further development of the subject. Applying the modern theories of branch laws in analyzing the material of legal history of traditional society of China is the main symbol of the formation and development of the research methods of the science of Chinese law history. However, it is not the good way to simply use the ordinary concepts in the theories of branch laws and modern jurisprudence to make comparison with and comments on the materials of Chinese traditional legal history to make the research on the science of Chinese legal history bear rich modern color. Besides, importance should be attached to the academic criticism on the research on the science of legal history to advocate the high-level independent comment that is not vulgar flattery and malicious depreciation. | 中国现代法律史学是在传统法律史学和外来法律史学的双重基础上建立起来的。正确认识中国法律史学的学科性质,对完善这门学科的独立品格,促进这门学科的进一步发展具有重要意义。运用现代法学理论,特别是运用部门法理论去分析中国传统社会的法史材料,是中国现代法史学研究方法形成和发展的主要标志。但不应简单地用部门法理论、现代法理学的一般概念去比附评论中国传统法史材料,使中国法史学研究带上过分浓厚的现代色彩。应重视法史学研究的学术批评问题,提倡既非庸俗吹捧也非恶意贬低的高水平的独立评论。 | Academic research is not an easy matter.That there are too many juristic works now in China seems that jurisprudential study is very easy.Simultaneously with research papers in full flourish,academic research is out of order and off form.Academic originality should be stressed.To steal the other's original academic viewpoints is also plagiarism.An honest scholar should have a patent-right sense and do not take credit for what has been done by somebody else.It should not be praised to make and use many new and... Academic research is not an easy matter.That there are too many juristic works now in China seems that jurisprudential study is very easy.Simultaneously with research papers in full flourish,academic research is out of order and off form.Academic originality should be stressed.To steal the other's original academic viewpoints is also plagiarism.An honest scholar should have a patent-right sense and do not take credit for what has been done by somebody else.It should not be praised to make and use many new and strange terms and rub a thesis into a magic mirror of language.Academic criticism is very important to deter academic wastes from flooding.A real scholar should have the courage not to write or to write less and better for keeping a high academic level. | 学非易事,磨砺以求,未必有所成,现如今法学论文人人会写,学术研究似为易事,这类现象的背后是学术出现严重失范、脱序现象。真学术必然要有创新,法学研究必须强调学术原创性,窃人立意,掠人之美,与剽窃词句如出一辙;创制一套新词,制造语言的魔障,也不足取。学者不能不没有一点“专利权”意识,某种学术观点既然有人提出,再当作自己的创见,便属“学术不端”。法学论著最重要的是思想,其价值应当表现在有原创性观点,做不到这一点之所谓“学术”不过是“表态式学术”。缺乏健全的学术批评是当今法学研究保持低劣化和“学术成果”泛滥成灾的一大原因。高质量的法学研究成果需要精工细雕,为减少垃圾学术,学者应有不写或者少写的勇气。 | | |
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学术批评
academic criticism
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