On The Value Judgment In Legal Reasoning

The judge focus on subsumtion between life facts and legal norms when they apply lawinto legal reasoning determine in the practice of law. They pursuit that the facts of the caseshould be in the subsumtion of the rule of law to judge whether the facts meet the legal normsfacts constitute requirements and the results of the legal provisions in the specifications. Butthe role of value judgments hidden in the legal reasoning did not get the attention they deserveto.When applying the law, the judge cannot get lawful, reasonable and fair judgmentlogically. The judge’s legal reasoning lies in the determination of the facts of the case as wellas legal norms to find. Value judgment is inseparable whatever in judging raw material factsto classify, select, or in reference to the specific case of the premise of legal interpretation. Itis impossible for judge to get the justice by the formula and fairness like a mathematician.When judging the facts of the case and the application of law, and value judgment is essential.Therefore, this article intends to explore the role of value judgments in legal reasoning.Text composed by the introduction, body and conclusion. It is broad-ranging, but itspurpose is to illustrate the role of value judgments in legal reasoning process.Introductory focuses on a basic exposition on value judgments in legal reasoning andhighlight its foundation of the legal reasoning and legal reasoning at the core.Body consists of three parts, the various parts of its content as follows:The first part: A basic understanding on the theory of legal reasoning, and building,which mainly discussed the history of the practice of legal reasoning and doctrinedevelopment as a unity of understanding and practice the essence of the legal reasoning. First,I made a basic history of legal reasoning from legal practice and jurisprudence by uniting thepoint of view of logic and historical.Then retail the basic view of the legal reasoningproblems, the nature of legal reasoning, function and method of legal reasoning starting fromthe concept of legal reasoning.The second part: A basic value judgments combing. First, outlining the different schoolsof theory for the understanding of the value judgments. Then, the value judgment of a few ofthe more critical issues are expanded, including the relationship factual judgments and valuejudgments, value judgments "true" and "false" of "objectivity" value judgments, as well asvalue judgments "consistency discussion. Finally, explore the relationship between judges and value judgments. Under the conditions of the analysis of the factors that influence the judgevalue judgments, to judge the value judgment standard from an ethical point of view theobjective and rational analysis.The third part: explain the role of value judgments played in the process of legalreasoning, which value judgment is the heart and soul of the legal reasoning. Then commencefrom the value judgment hidden in the process of legal reasoning process, which consists ofprimarily of legal reasoning based on the value judgment of the facts of the case and the legalreasoning in value judgments based on the interpretation of the law, and further its role playedin the legal reasoning process.The conclusion: Stressed the importance of value judgments in the process of legalreasoning and its significance.