围绕法律思维的属性,法学史上一直存在着体系和论题之争。本文在梳理论题思维与体系思维之争发展简史的基础上,阐述这两种思维方式在对待体系、概念以及一般与个别问题的不同态度。事实上,体系思维和论题思维各有优点和劣势,法律思维同时兼具这两种属性。不应在二者之间作出选择,而应结合实际,寻找在体系指引下的论题学思考方式。 Around the legal thinking of the attributes, the history of law there has been a dispute between the system and the topic. On the basis of combing the brief history of the controversy between theoretical thinking and systemic thinking, this article elaborates the different attitudes of these two kinds of thinking on the system, concept and general and individual issues. In fact, system thinking and topic thinking each have advantages and disadvantages, and both legal thinking and legal thinking have both attributes. Should not make a choice between the two, but should be combined with reality, to find under the guidance of the system of theoretical thinking.