在英美法律界部分人中,一直存在着法理学无用的观点,目前这种观点在我国法学界与法律界也有蔓延的趋势。这是对主流意识形态所倡导的理论联系实际、理论指导实践的观念的反动。也许我们该对法学界理论联系实际观点进行一下反思了。确实,理论的作用没有理论家们说得那么大,但也绝不是没有任何作用。维护法治的理论与知识是法治实现的思维前见,指导着法律人追求正当的判决;而消解法治的理论则可能成为毁坏法治的挡箭牌。理论进入司法的路径是理解与消化,而不是盲目地拒绝理论。坚守法律解释的教义学属性是通向微观法治的路径之一。 Some people in the Anglo-American legal community have always had the useless view of jurisprudence. At present, this view also tends to spread in the legal and legal circles in our country. This is a reactionary reaction to the notion that theory advocated by mainstream ideology relates to reality and that theory guides practice. Perhaps we should reflect on the theory of law in contact with the actual point of view. Indeed, the role of theory has not been as big as that of theorists, but it has never been without any effect. Theories and knowledge of safeguarding the rule of law are the preconceived ideas of the realization of the rule of law, guiding the legal person to pursue legitimate judgments; and the theory of dissolving the rule of law may become the shield to destroy the rule of law. The path to theoretical access to justice is understanding and digestion, rather than blindly rejecting the theory. The doctrinal attribute of adhering to the legal interpretation is one of the paths leading to the micro-rule of law.