Study On The Objectivity Of Legal Reasoning

Objectivity is an important problem in the law. It is there to safeguard the people's faith in the law. So the research of legal reasoning objectivity has important sense in contemporary legal profession. Through the research of legal reasoning objectivity, this passage tries to expand the living space of legal reasoning objectivity and improves its existential value.In specific, following aspects are discussed: 1. Carding and discussion of the objectivity problem. In the traditional understanding behavior, legal reasoning objectivity is regarded as a kind of pure objectivity. It pursues the consistence with objective facts. It is totally depended on syllogism on the way. It is a kind of ontology on the objectivity. 2. The crisis of legal reasoning objectivity. Since the end of the 19th century, the objectivity of the legal reasoning has been widely questioned and critical by legal realists and criticisms of law. People doubt whether legal reasoning process has objectivity, even doubt whether the meaning of legal texts has objectivity, all of this makes the objectivity of legal reasoning full of crisis. 3. The improvement of legal reasoning objectivity. The passage gives the improvements of reconstructing legal reasoning objectivity from different angles, in order to avoid or solve its crisis. 4. The application and practice of legal reasoning objectivity. How should judicial reform pursue the legal reasoning objectivity?Through the research of several principles on legal reasoning, this passage is to seek the developing direction of legal reasoning theory, to discuss the combination of legal reasoning and judicial practice, to reverse the defect of legal theory research and practice of justice out of line, and, to find a new theoretical growing point for the law theory. In the passage, wisdom and thinking of the doctrine of the mean is put forward ,which is, in the legislative process or in the course of law enforcement, mastering the "degree" of using legal reasoning objectivity, In all, legal reasoning objectivity concerns jurisprudence, logic, philosophy and many other subjects.