Facts,Norms and Value——The centre of gravity position of legal reasoning system
Yin Da-shuang
Abstract
Yin Da-shuang
Abstract
Often in a complex network weaved by external reasoning and internal reasoning,legal reasoning,as a purposeful practical activities,must regard legal facts as starting point,legal norms as a criterion,and legal value as the equity,so as to have objectivity,predictability and consistency.Legal findings of fact,the identification of legal norms,and legal value argument are a systematic process.The value of the principle,as the main line,always runs through,which not only restricts the internal structure and logic associated inference system,but also influences the legal method vitality and the rule of law,the development of technology.The focus of legal reasoning system should be positioned on the facts of the case identified,the choice of legal norms,and the pursuit of legal value with legitimacy and rationality.
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Often in a complex network weaved by external reasoning and internal reasoning,legal reasoning,as a purposeful practical activities,must regard legal facts as starting point,legal norms as a criterion,and legal value as the equity,so as to have objectivity,predictability and consistency.Legal findings of fact,the identification of legal norms,and legal value argument are a systematic process.The value of the principle,as the main line,always runs through,which not only restricts the internal structure and logic associated inference system,but also influences the legal method vitality and the rule of law,the development of technology.The focus of legal reasoning system should be positioned on the facts of the case identified,the choice of legal norms,and the pursuit of legal value with legitimacy and rationality.
Key concepts: Rationality, Legal realism, Legal formalism, Objectivity (philosophy), Legitimacy, Legal profession, Practical reason, Epistemology