On Two Dimensions Of The Application Of Legal Method In Judicial Process

Legal method is one of the conditions which make the ideal of rule of law possible and it constitutes the bridge in the changing from statute to judgement. And in the past few years, acceptability has been the focus of concern in research on the application of legal method. However, the legal method is not an ordinary technology, but a normatively significant one, the core of which is a necessary condition to the existence of the legal system and to the functioning of the legal system as a social institutional framework. Therefore, a problem worth thinking arises, which is about how to balance the two dimensions between acceptability and normativity when using the legal method in the judicial process.The full text includes three parts:introduction, main text and conclusion, and the main text divides into four chapters:The first chapter introduces the system of legal methodology by clarifying its definition and connotation, which is in order to clear the specific object in this paper. The second chapter focuses on the pursuit of the acceptability in the application of legal methodology. This chapter reveals the problems from the two aspects:the perspective of legal sources; the perspective of influence factors. The third chapter focuses on the pursuit of the-normativity in the application of legal methodology. This chapter tries to discuss whether there is a normative core in the legal method. If the answer is affirmative, in what sense the normative core shall be claimed? The highlight of normativity will ensure the vitality of the legal system or will make the legal system in doctrine? The fourth chapter further examines the conflict and balance on the above two dimensions of legal methodology in the judicial practice. We believe that the key point is not the negation of legal methodology based on the conflict, or advocate a certain pure value, but is attempted to balance acceptability and normativity as much as possible in the application of legal methodology.In recent ten years, legal method, as a hotspot in the study of law, has gained great attention in domestic academic research. It is bound to the madness of the knowledge that claims the innovation in this article. As a matter of fact, in terms of knowledge itself, maybe there is little obvious innovation in this article. The questionable consciousness in this article arises from the reflection of the legal method from the perspective of acceptability and normativity in combination with the space-time background of the social changes and the judicial reform.