On The Trade-offs Of Judges In The Judicature

The rule of law is a basic national policy of our country, and the administration ofjustice is the important part of the rule of law and building the rule of law-basedsociety. Judge is the protagonist in the judicial process in the judicial process, judgestend to follow the law to the adjudication of cases, but the law is flawed, the face ofthe judicial process in a variety of complex situations, judges in the judicial process inorder to obtain more good legal and social effects have to go to a trade-off, but suchtrade-offs have to follow certain principles and guidelines, which requires judges touse their wisdom to be trade-offs and choices.Benjamin Cardozo is famous in the history of the United States Justice, as anexperienced judge, Cardozo proposed a series of judges to weigh weigh ideology onthe one hand, in this judicial process in Cardozo by his historical background andliving environment, on the other hand, by the judge or jurist like Holmes, Pound andGray. Cardozo believes that due to the development of society, the limitations ofhuman knowledge, statutes, there are blank, and the role of judges, the judge mustweigh in the judicial process, and the process of trade-offs can use a lot of ways andmeans. E.g. logical approach, the customary method, historical method.Cardozo is based on the concept of social development to oppose legal formalism,emphasis on the uncertainty of the law, to deny the absolute certainty of the law.He advocated that the appropriate judges in the judicial process can play therole of law-making, some no longer adapted to the practical needs of legal and shouldbe abandoned or modified. The law should be based on practical needs as the ultimategoal, and should not in order to meet the legal formalization of uncertainty and boundthe judge, because neither play the role of law should be the judge reduced to amechanical law declared by. So, in order to achieve a better legal and social effects,the judges in the judicial process must be weighed...