Judicial Philosophy and Adjudicative Methods

Author: Kong Xiangjun
Publisher:
Publish Date: 2005-11-01
Features: The concept is the soul that guides and shapes action, while the method is the path for making decisions and carrying out actions. Whether the concept and method are appropriate directly determine whether the decision and action are feasible and suitable. My judicial experience in recent years has given me deep insights. Due to the complexity of legal interpretation and application, the application of legal texts requires both "entering into it" and "transcending it." Otherwise, in the face of complex legal application scenarios, one may be at a loss. When the concept and method are grasped and applied skillfully, it achieves the effect of "grasping the main thread and seeing the entire picture." Conversely, if one cannot skillfully apply the concepts and methods behind legal rules, they often become mechanical and rigid in legal application, unable to respond calmly and comprehensively to numerous complex cases and emerging new situations and issues, failing to maximize the positive effects of legal application. Such operators can hardly be called "narrow-minded craftsmen." In legal application, how can one achieve both "entering into it" and "transcending it"? This requires relying on advanced judicial concepts and adjudication methods. Due to the extreme importance of judicial concepts and adjudication methods, the author has inevitably and naturally conducted a series of explorations in daily research and work, writing many articles along the way. This is the origin of this book. Most of the content in this book is based on lectures the author has previously given in various judge training programs, hence the lecture-style format of the book.