| Family law, as an independent paradigm, was invented, rather than naturally formed. In this sense, the creation of family law has been closely connected to the birth and development of the civil law science. The process of scientization of the civil law, aimed at completing a Copernican revolution through an imitation of natural science, substantially occurred in the field of patrimonial law. In a sharp contrast with the coherent discourse in civil law, family law keeps its metaphysical characteristic in argumentation, though its authoritative source has transformed from an autocratic natural ethics to an objective value system composed of basic rights and human rights. In this process, the thinking mode of this value system, which takes the principle of proportionality as the core, is introduced into family law accordingly. Meanwhile, empiric science has gradually satisfied the aspiration of scientism in family law. That is to say, social science theories have overtaken family law's reliance on other sources step by step. Nevertheless, this empiric positivism based on the Galilean tradition is distinguished from the reflective positivism of civil law built on the Grecian tradition. Close relationship with outside knowledge systems has become the most significant characteristic of family law. Consequently, it is safe to say that family law is an open system both at the metaphysical level and at the physical level. The schism of legal constructive method between family law and patrimonial law in modern civil code can trace its origins to this separation of knowledge pedigree. In China, various signs indicate that the transformation of family law theories has started, even though its pace is much slower than that of the civil law. |
京公网安备11010102006664号 京ICP备2023015853号