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The Critical Reflection On The Two Fundamental Cognitive Modes In The Study Of Procedural Justice

Posted on:2007-06-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:L ChengFull Text:PDF
GTID:1116360185957913Subject:Legal theory
Abstract/Summary:PDF Full Text Request
When we are considering and studying the procedural justice in view of legal philosophy, we can't help wondering its uniqueness compared with other research orientations, and its contributions different from the idealistic method and achievement in other research fields. Obviously, if the procedural justice study can't convincingly answer the question in legal philosophical sense, our study is surely lacking in theoretical basis. Therefore, on the theoretical orientation of procedural justice study, the dissertation centers on a tentative analysis of the cognitive code in procedural justice study.To be specific, the dissertation can be divided into six parts.The first part Introduction mainly expounds the theoretical orientation in procedural justice study in view of the legal philosophy. It is a cognitive problem in certain sense. By reviewing the Liu Yong case, the paper further elaborates the realistic obstacles produced by the coined"procedural justice"in current China. Therefore, we cry for the procedural justice study in legal philosophy. The dissertation also holds that, the so-called"procedural justice"refers to the leading procedure rules, principles and concepts in modern law-ruled society construction, development and perfection. Any modern law procedure establishment or arrangement embeds a certain value promise and premises and functions under the guidance of a certain procedure rule,...
Keywords/Search Tags:procedural justice, procedural values, legal philosophy
PDF Full Text Request
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