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Judge How To Form A Judgment Opinions

Posted on:2008-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z ZhangFull Text:PDF
GTID:2206360215960897Subject:Law
Abstract/Summary:PDF Full Text Request
People attach more and more importance to legal reasoning in recent days. Studies from the perspective of judges, especially the analysis of judges' legal reasoning practicing in judicial decisions, is quite important for the awareness of legal reasoning. Various legal reasoning methods are comprehensively used in the thought process of judges' decision making, and the analogy reasoning should be more significance than it is. There are some fundamental theoretical questions in the basement of legal reasoning, and legal reasoning has more technical demands on judges. These theoretical questions and technical demands not only characterize judges' profession but also raise their judicial capacity. There are three parts in this article. First part is an introduction to legal reasoning, which explains the relationships among legal reasoning, legal thought and legal interpretation. Part two describe the actual process of judges' decision making. Judicial decisions start from judges' intuition, and various legal reasoning methods are comprehensively used afterward. The analysis has a focus on analogy reasoning. Part three point out some faith which judges should keep in mind and several theoretical problems. The faith and problems discussed here are generally underestimated by judges, but they do have actual significance.
Keywords/Search Tags:Legal reasoning, Judicial decisions, Judicial capacity
PDF Full Text Request
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