Study On The Objectivity Of Legal Reasoning

The objectivity of legal reasoning is one of the subjects which need to be researched in the theory of law and judical practice.The thesis will give a preliminary discussion to the objectivity of legal reasoning .1 hope that my discourse can provide some help for the scholars.propel the judical practice and cause some influence on the judical reform.the thesis includes four parts.Part one: The objectivity of traditional legal reasoningIn the traditional theorys, the objectivity of legal reasoning is considered as a pure and noumonon objectivity.lt seeks to correspond with the objective truth.At the same time it completely depends on the syllogism in the method.Part two.The crisis of the objectivity of legal reasoningSince 19th century, the objectivity of legal reasoning has been questioned ,people have questioned not only if the law and the process of legal reasoning hold the objectivity.but also if the meaning of the law text has the objectivity.these show potential crisis of the objectivity of legal reasoning.Part three: rebuild the objectivity of legal reasoningAfter the analysis of the connocation about legal reasoning, the autor provides some ways to rebuild the objectivity of legal reasoning from the different aspects.Part four: the objectivity of legal reasoning and practice of ruling by law".At present, we should continue to persist in "ruling by law",keep awareness of disspelling "ruling by law",and find a way how to seek the objectivity of legal reasoning in judical reform.