The Function and Meaning of Paradigm Theory in Jurisprudence

这项研究的目的是对法理学中存在的理论结构的基本问题进行剖析，并研究理论如何在法理学领域发展的过程。为此，使用了科学哲学的工具--范式理论作为一种分析工具。此外，作为要分析的材料，选择了法理学领域中遇到的一个经典问题进行具体分析，作为本研究的一部分，调查最详细的问题是“应收款转让和转让合同限制”问题，这个问题产生于“应收款和附件转让”问题。在这方面，考察了关于合同限制对转让的法律效力的理论发展过程和至今相关的法律争议，以及对这一问题的经典理解的背景和后来发生变化的原因。还研究了相关的抵销问题。

The objective of this study was to excamine such basic matter of the structure of theory as it exists within jurisprudence and, in addition, to study the process of how theory develops in the area of jurisprudence. For this purpose, as an analytical tool, paradigm theory, a tool of the philosophy of science, was used. In addition, as the material to be analyzed, a classic question encountered in the field of jurisprudence was selected and subjected to concrete analysis.The matter investigated in the most detail, as a part of this study, was the question of "assignment of receivables and contractual limitations on assignment", a question that arises out of the question of "assignment of receivables and attachment". In this connection, the process of the development of theory and related legal dispute up to the present concerning the legal effect of contractual limitations on assignment were examined along with the background of classic comprehension of this question and the causes for changes in later eras. The related question of set-offs was also examined.