Objectification of Value Judgement——Solving the Fundamental Problem of Legal Methodology
Ke Li
Abstract
Ke Li
Abstract
Objection of value judgment is a fundamental problem in legal methodology.The objectivity of value judgment is essentially a predictability problem of judgment,thus revealing the prelude to seek an objective judgment standard of that.These approaches such as positivism and individual-case have their own advantages and disadvantages which must be arranged and coordinated under the principle of suit for individual case.Thus it also reveals the factors such as culture,procedure,norm and fact which are beneficial to the objectification of value judgment and can be also integrated into a mechanism for the foregoing purposes under the guidance of judicial purpose.
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Objection of value judgment is a fundamental problem in legal methodology.The objectivity of value judgment is essentially a predictability problem of judgment,thus revealing the prelude to seek an objective judgment standard of that.These approaches such as positivism and individual-case have their own advantages and disadvantages which must be arranged and coordinated under the principle of suit for individual case.Thus it also reveals the factors such as culture,procedure,norm and fact which are beneficial to the objectification of value judgment and can be also integrated into a mechanism for the foregoing purposes under the guidance of judicial purpose.
Key concepts: Judgement, Objectification, Objectivity (philosophy), Value (mathematics), Norm (philosophy), Epistemology, Value judgment, Predictability