The Research On Posner's Relative Certainty Of Justice

In both theory and practice,the legal person has been working tirelessly to discuss the deterministic problems of justice,so as to make judicial activities more accurate.On this basis,in the long history of history,there are always two distinct and diverse groups in the field of jurisprudence.One of the parties that the law does not belong to a political tuxedo,is put forward,in the eyes of the judge of the professional level is very high,at least in a certain period of time,in a stable environment,even in the most difficult judicial cases,and to be able to make the correct judicial decisions.But the other side argues that the law is merely a conduit for political decisions,arguing that judges have too much discretion.Posner on absolutely certain theory of legal formalism and absolute uncertain conclusion on the basis of the criticism of judicial relative certainty theory,not only in theory for the two sides struggle to find a compromise between route,in practice,also can better deal with the relationship between predictability and legitimacy of the judicial decision.In view of this,my research introduces posner's legal theory of relative certainty.Legal formalism stressed the absolute sure theory think through the logic conclusion can get the right way to judicial judgment,posner questioned the proposed too stick to self-sufficiency is absolutely sure theory,according to the theory of it is absolutely sure ignored the social impact of the law facts.Dworkin's theory of "only one correct answer" stand for the judge in the face of complex cases and should make the law "interpretation" entirety and posner according to this theory also questioned unrealistic,there is no values,and so on according to the homogeneity,can't make the only right is a complex case of judicial decisions.The inconclusive conclusion of the umpire's conclusion advocates that people should accept the law of law in addition to the law of law.Posner's challenge is that the uncertainty is not good enough to justify a judicial decision.There are many ways in which uncertainty is appropriate to draw a conclusion or as a guiding thought.ciPosner on absolutely sure of legal formalism theory question and question of dworkin only one correct answer and the conclusion of uncertain questions in the conclusion,puts forward the method of "talk sense objectivity" theory,with the method of objectivity "" talk sense as a judicial relative certainty whether implementation of standards.Relative certainty in posner's justice thought in the definition of the meaning of judicial relative certainty is refers to the judicial decisions not by a judge at that time the joys and sorrows,also is not a separate decision,a judge is not determined by the power operation,namely,is not absolute,the same uncertainty is not constantly changing,and always with the ability to produce compelling,though can not convincing to all people,or produce different persuasive explanation to each one,with this explanation,can be appropriate to modify the nature of the decision.In order to realize the relative certainty of justice,posner advocated two ways of realizing the relative certainty of justice,one is pragmatic philosophy and the other is economics.The pragmatic philosophy runs through posner's whole research process on the relative certainty of justice,which is embodied in all aspects.In the realization of judicial relative certainty,posner's pragmatic approach is mainly anti-foundationism,skepticism and so on.And the introduction of economics can make judicial games more like science games.Of course,posner's use of the word "game" is a term used in wittgenstein's "language game",where social activities are governed by a set of rules.And pragmatism philosophy and economics are not completely independent,unrelated,but there is a common,common pragmatism philosophy and economics to make better achieve judicial relative certainty.In view of the background of the current system of judicial investigation in China,posner's theory of judicial relativity is of great practical significance and theoretical significance.When the contradiction of predictability and legitimacy of the judicial decision,the judge can relative certainty in posner's justice thought under the guidance of thinking,to find a balance between predictability and justification.Posner's judicial relative certainty is of great significance in resolving the dispute between "legalists" and "doubters".Legalists stress that the legal system can solve all legal problems.Sceptics argue that the law is merely a tool for the strong to rule the weak.Of course,the judicial relative certainty theory of posner is difficult to apply in continental legal system countries(such as China),and there are corresponding solutions to these difficulties.In short,economics and philosophy of pragmatism is to realize the method,the objectivity of conversation in the sense of law is a standard,judicial relative certainty is thought as a result,the legal person shall be either eliminating judicial decisions should be permanent,or should be fully compliance with individual will point of view,and it shall be the judicial relative certainty as the theoretical guidance of judicial activities.