An Introduction To Legal Standards

Theories govern the world. The scholars didn't research on the basic theory of the legal standards, so that it was indifferent for the law-makers, law-interpreters and law-enforcers. Demonstrating the necessity of the legal standards is a step-by-step process. Firstly, the author indicates the limit and deficiency of the legal rules and principle, in order to bring forward the basic issues of the legal standards. Secondly, the author studies in some different practical legal standards and tries to find a kind of thinking from the view of normative analysis and positive analysis ,which can face the challenges of the legal standards. Lastly, the author discusses the methodology's significance of the legal standards and finds a domain where legal rules, principles and legal standards can coexist.This paper includes the following parts:Preface: in this part, the author clarifies the difficulty of legal standards, summaries the study of the western jurisprudence and puts forward this paper's emphases.Chapterâ… :The author analyses some misleading conceptions like standards, standardization, points out that the legal standards can not be defined. Comparing with legal rules and principles, the author describes the characteristics of the legal standards.Chapterâ…¡:The author finds out the approach of the thought about western legal standards in the process of Jurisprudence, and also chooses the legal standard's scope in legal practice. At the same time, the author shows clearly that the legal standards are very important and necessary to indetermination.Chapterâ…¢The author uses economics' cost-benefit model to study the factors that would affect law choice. The author also writes up the process of making legal standards from normative analysis and positive analysis.Chapterâ…£:The legal standards have two kinds of methodology's significance. One is to guard judicial blindness, the other is to protect legal system' consistency maxima when legal standards as a legal element like legal rules and principles.The summary: At last, the author emphases that the theory of legal standards is very important to legal amalgamation once again, so as to attach more subsequent scholar's attention to the legal standards.