| Value measurement in legal reasoning is not only concerned with the real implementation of the "rule of law",but also related to people’s understanding of "what is a good life" on a broader level.First,in order to conduct an in-depth study of value measurement in legal reasoning,this paper introduces reason theory as an inquiry tool.Subsequently,this paper uses the concept of reason as a medium to examine the measurement of value in general practical reasoning,in order to clarify its role in human intentional action.Next,the measure of value will be examined in the context of legal reasoning as a special type of practical reasoning.Here,this paper still takes reason as the pivot,combined with the analysis of the second-order reason characteristics of legal reasoning,and finally analyzes and concludes that the goal of value measurement in legal reasoning is:under the guidance of formal legitimacy,obtain sufficient moral force for action for autonomous actors.In order to achieve the goal of value measurement in legal reasoning,the conditions required to achieve the goal must be met.Therefore,from the analysis of the objective,this kind of value measurement should be limited by two aspects.The first is: the normative dimension of the reason.In order for second-order reasons to be reconciled with autonomy and first-order reasons to gain normative power,it is appropriate to adopt a thin concept of substantive autonomy that pursues "goodness",and at the same time,the background conditions required for actors to absorb moral considerations should be guaranteed.The second is: restrictions stemming from the concept of the rule of law.Formal legitimacy with rules as the core,based on its importance to modern society,limits the measure of value in legal reasoning by constraining the application of legal interpretation methods,maintaining the stability that rules cannot be easily overturned,and guiding the direct operation of value measurement in the absence of rules. |
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