The Research On Right Answer Thesis In The Process Of Legal Reasoning

1960s,Ronald Dworkin,as the new natural law school representative,first clearly proposed the concept of "right answer thesis",may the law provide a only right answer to the dispute?The topic quickly became widespread concern both inside and outside the field of law and further lead to a lot of hot controversies.There are a variety of opinions:Positive theory,Negative theory and Compromise theory,but,in general,opposition voices are much larger than the voices in favor.So,whether theoretical or methodological,the positive theory will certainly destined to assume greater responsibility for justification.However,conpared with the n positive theory”which reflects the superior value of the rule of law and ethics,these difficulties in turn appear to be negligible.According to the analysis of "right answer thesis",contextual interpretation model about legal reasoning is proposed,what is trying to provide philosophical and methodological defense for the positive theory about“right answer thesis”.Discussion about "right answer thesis" is mainly deployed around the judicial practice.In this article,"legal reasoning",a important part of the process of judicial practice,is intercepted as the investigation background of "right answer thesis".Through the analysis of the process of legal reasoning.It criticizes the traditional cognitive theory of legal reasoning process,and then put forward a theory that reflects the reality of judicial practice process-"contextual interpretation theory"."contextual interpretation theory " understood legal reasoning process as a special explanation for legal phenomenon,which is made according to the context.Any legal action or a legal event has its particularity,the particularity is given by the particularity of context behind the "event" or "act",and it is this specificity determines the uniqueness of the meaning of "act" and "event",that is,a special phenomenon corresponds to a special meaning.The legal fact is the fact in legal context,context is socialized,motley and particular,but.this special context given legal fact a special meaning either,that is,a legal fact corresponds to a particular legal interpretation.Thus,from a legal perspective,then legal fact has a right answer.Based on these ideas,five parts compose the body:The first chapter,"Introduction," introduces the significance of "right answer thesis," the current research in the domestic and oversea and the thinking,structure and innovation of this article.The second chapter,"legal reasoning and right answer thesis",made a historic study on two core concepts "legal reasoning" and "right answer" respectively;restored the the true face of judicial practice as an important part of the legal reasoning;proposed a new "legal reasoning" concept;clarify the relationship of three core concepts-"right answer thesis," relationship "law certainty" and "legal reasoning";and then make a comparative analysis on the traditional approach to "right answer".Chapter 3,"Factors affecting the right answer analysis",in this chapter,the analysis of three major factors that influence "right answer" is made:the ambiguity problem in language level,the objectivity problem of law and the logical problem in legal reasoning.From the three main aspects,the question for "right answer thesis"are also proposed.Chapter 4,"Reflection and Construction:the possibility of right answer-contextual interpretation."According to the previous chapter's "difficulties",further study whether the "difficulties" is affecting "right answer"'s real reason.Through analysis,it found that "language ambiguity","non-objectivity" and "logical" factors do not necessarily lead to law "uncertainty",which in turn caused "correct answer" is difficult to draw.With the context factor involved,all these difficulties can be resolved.Chapter 5,"Problem Solving:The right answer is justified-contextual interpretation model."As a conclusion of this study,it mainly completes two tasks:First,the possibility of elaborating legal reasoning process from philosophy to get a right answer;Second,proposed a "contextual interpretation model" on the methodology to achieve the right answer justification,and took the hard case as an example to inspect explain effect on the model.Based on the above study,we draw the following conclusions:"the right answer thesis" consistent with contemporary ethical values of the rule of law,It is worth pursuing;By philosophical or methodological innovation,the goal is a realistic possibility.