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The Analysis Of Legal Interpretation' Objectivity

Posted on:2003-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LeiFull Text:PDF
GTID:2156360062996147Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Practice is the actual form of objective reality, and it is the key to understand the objectivity's essential intension. But practice contains an inner contradiction between objective reality and conscious activity, which leads to a contradiction between legal objectivity and its values. As a result of human-being's active practice, law, whose purpose is to overcome human's "state-in-itself", is to reflect the material condition of the society, as well as the ruling class' will and desire to material interests. Legal interpretation, a special step of the legal movement's process, also contains such contradiction: on the one hand, legal interpretation must follow the law which is design to prevent human's subjectivity and regulate his act; on the other hand, it has to make a values conclusion, because there are many conflicts between people's material interests. This article will focus on the objectivity of legal interpretation, such as its intension, its relation to legal values, its actual routes and how to realize it in our country.
Keywords/Search Tags:Practice, Legal interpretation, Objectivity, Values conclusion
PDF Full Text Request
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