Narrative And Explanation

If in consideration of the existence of law, which should maintain its own intrinsic value in a unified an coordinated system, the generation of the legal text should develope as the explanation of rules on principles, even to the explanation of principles on"ideas"(general of fair, justice). But from the perspective of knowledge regarded as the narrative of the object, in fact, the generation of rules guiding on principles (and even extended to including the generation of principles guiding on"ideas") could be regarded as the process of principles ("ideas") weaving the net of judgment/knowledge, and describing the shaped object. So we find that the generation of the legal text is not merely a simple explanation of rules on principles, or explanation of principles on"ideas", but has to transit to narrative required by the rule of expression to the explanation, and the generation of the text is thus doomed to encounter the problems of contradictions of writing and differences of writing. Although the explanation itself is a kind of narrative with imagery, if we do not ignore the fact that as a practical rational, the law must confirm its status as the legitimate existence of values, we had to give the narrative text a"powerful structure"of "must". So that the text generated from narrative can reverted to the form of explanation. And the process of the generation of the text is the process of the explanation covering up the narrative.Therefore it must be careful to treat the generation of the text, which may have impact on the application of the text by the transition from judgment to the description and the regression from narrative to the explanation, including encountering the problems of contradictions of writing and differences of writing, which reminds us that we can no longer simply regard the application of the text as the application of"rules"to adjudicate the factual activity. Once tested to compare the relations between the application of rules and principles in the application of the text, we also can find the legal reasoning provision of"principles priority, rules review". In this context, how to master the method of dis-covering the rules which may have impact on the knowledge, brightening the existence of factual activity itself,"flowing"into that by"degree-zero experience"to definite reasonable doubt, and eventually"floating"the fair and just judgment has provided the artistic character of rule of law.In the same, under the background of narrative and explanation, in order to confirm the legitimacy of the application of the text, the text expository must give convincing explanation by proving the argument through proof instead of only demonstrating how to apply the rules which may degenerated the expository into no expository. Because expository is unequal to the method of expository, it only exists for explainting the legitimacy application of the legal text but can not produce the judgment of the application of the text by itself. Similarly, the method of expository is also unequal to the expository, it can not explain the legitimacy of its judgment by failing to establish the chain of evidence but only provides isolated evidence. Clearing the difference between expository and the method of expository, we also understand the so-called text expository dose not exist the problem of uncertainty. But rather that , as the explanation of the legitimacy of the application, the existence of objectivity—"certainty"is originally objective. And the crucial point is how to provide the certainty with legitimacy.