The Indeterminacy Of The Judicial Judgment

As a practice activity in law, Judicial process means to find the rule, verify and interpret it, in order to make a convinced and acceptable judgment. Traditionally, with the certain object of language, the certainty of the rule, and the assurance of the fact, the determinacy of the judgment can come from the rigid logic reasoning, it is also the implicit point of the separation of the powers. Yet, not all the things can be included into the rule, the outlaw may be not omit. The explicit never exists, there are the core and the marginal, or the concept core and the concept fringe. According to the convince of the evidence, the behavior of the witness, the expression and the ability of remembering, the fact testimony can never determinable, just the result of the beyond reasonable suspicion or prior testimony. Therefore, that whether judicial process has determinacy or not still remain a question. In all kinds of judicial practice, every scholars and practitioners gives their own ideas. Based on different time, or region, or society, the judge may have distinguished judgments in the same case. In this process, logic subsume has to connect with his psychology, political opinion and moral value to come to conclusion. Then, the tension between determinacy and reason, stability and reformation, formal justice and substantial justice bring the contradiction. The question is to how to resolve it, and do it reasonably. With the approach of the interpretation is one of the way to resolve the questions of the indeterminacy, the idea of the determinacy of the judicial process may come true.