“像法律人那样思考”是美国法学院流行的说法,本意在于鼓励法学院新生尽快熟悉实践中的制度环境与法律技术。但自从20世纪90年代这句话被引入中国,它就被误读为法律人拥有且应当拥有一套独特的思维方式。本文试图探讨这一误读的成因,论证所谓“法律人思维”其实并不为法律人所专有,以及在所谓“法律人”共同体中也不存在统一的法律人思维方式。进而本文还将指出,这种误读是中国法律人有意营造出来的结果,因为他们可以借此获得话语权威以及其他一些特权。本文不想贬低常规意义上的法律技能,而只是认为,法律人不能沉湎于纯粹由概念和规则编织出来的天国,而应当在实践中慎重考虑社会后果,善于运用各种社会、政治的知识与经验,最终作出恰当的判断和行为。 “Thinking like a legal person ” is a popular saying in American law schools. The intention is to encourage freshmen in law schools to get acquainted with institutional environment and legal techniques in practice as soon as possible. Since its introduction into China in the 1990s, however, it has been misread as being owned by lawyers and should have a unique way of thinking. This paper attempts to explore the causes of this misreading, arguing that the so-called “legal person thinking ” is not in fact the exclusive legal person, and in the so-called “legal person ” community there is no uniform legal person thinking. Furthermore, this article will also point out that this kind of misreading is the result of Chinese lawyers’ intention to create because they can gain the authority of discourse and other privileges. This article does not want to belittle the legal skills in the normal sense, but only believes that lawyers can not indulge in the purely conceptualized by the concept of heaven, but should be carefully considered in practice social consequences, good at using a variety of social and political knowledge and experience , Finally make the appropriate judgments and behavior.