Posner's Pragmatic Adjudication

Posner's pragmatic adjudication was born in today's rapidly changing society in the United States. Because a variety of new social needs requirements the law to make changes. It's essence is a theory of judge-made law, and how judges use discretionary power. Currently,as social transformation our country is also facing many new changes and problems.Social development requires a judge to face new legal issues rather than choose to avoid. In order to solve this problem,china put Active Judiciary into practice.This article discusses the concept of Posner's pragmatic adjudication and the main problems to be solved and the historical background and the contents and the critique and ceflection,and the comparative analysis between Posner's pragmatic adjudication and Active Judiciary. Purpose of the research of Posner's pragmatic adjudication is to obtain deeper understanding of judges acts of judgement and to analyze Active Judiciary deeply.Finally illustrate the justice and rationality of Active Judiciary,and indicate it's questions and suggestions.Author believe that the pragmatic judges use means-end rationality in the judicial process.This way of thinking asked the judges to consider specific conditions of issues, and measure the consequences of the possible solutions.In order to achieve legal effects and social effects,Judges choose the methods which can bring the good results. This is a pragmatic approach to solve the problem. This is the logic of inquiry which is future-oriented, and considered the results, and considered the specific circumstances. Posner's pragmatic adjudication is the scientific method of the judicial discretion, and it is highly significant to judicial reform and Active Judiciary of our country.