From Legal Principle To Adjudication Rules

Dworkin firstly put forward the proposition of legal principle, he points out the confusion of judges when they try to find out the proper rules for hard cases and further put forward the famous "Theory of Legal Principle" which points out that law doesn't include rules only and also include principles, when the judges can't find the supporting rules for hard cases during the judicial adjudication process, they can quote legal principles as adjudication rules. Legal principles become the supplementfulfilling the gap between law and facts. Dworkin just put forward the original opinion that legal principle can be used as rules of adjudication, he didn't give a clear answer as for how the mass legal principles turn to adjudication rules for individual case. He bears the point that the adjudication result of hard case is "the Only Correct Result" of the "integrative interpretation" to the quoting legal principle. His above theory was developed into "The Assessment Theory of Legal Principle" and "The Theory of Legal Argumentation" by Alexy.Both Dworkin's Theory of Integrative Interpretation and Alexy'sRational Process aiming to assess the utility of principles only focus on the research of "Rules Issue", it's to scratch a separate part of the judicial adjudication process to the hard cases from the whole legal corridor. It cut off the reaction between rules and facts during the process of legal principle turning to the adjudication rules; also it cut off the reaction between the adjudication result and its function of public behavior guide and social control. If we want to hold the whole process of judicial adjudication to hard cases, we have to broaden our research view and explore the best solution between principle rules and legal facts。According to the development logic of legal principles, it's shown in below four circumstances:legal principles in rules, legal principles in custom and prejudication, legal principles in theory, legal principles in morality. They are expressed by different rules effect during the developing process of adjudication rules. It experienced the deduction mode to the transposition mode during the process of legal principle turning to adjudication rules. Turning to adjudication is the object discovered by legal principles which go through searching for legal origin (legal principles)--explaining principles—analogy between legal principles and facts—argumentation to the justice of adjudication rules。The testing of justice of adjudication rules is also the test of adjudication results justice. The development of adjudication rule for hard cases goesthrough two stages; the first stage is using social science method to sort order by the social effects when choosing different adjudication result; the second stage is checking the legal effect by the different adjudication results getting from different social effects and finally choose the best adjudication rules which can result in the best legal effect and social effect as the rules for hard cases. The evaluation of social effect shows the justice demand of law, the legal effect checking shows the form justice demand of law, the further object of legal discovery is to seek the adjudication rules which can maximally satisfy the real justice and form justice of law.