Judge's Thinking: Basic Laws of Judicial Cognition

Author: Wang Naxin
Publisher:
Publish Date: 2005-11-01
Features: The thinking of a judge exists in the form of judicial technology as a rational understanding of the law, embodying the practical rationality or technical rationality of the law. It has distinct characteristics that are clearly different from the natural rationality or cognitive rationality of law. Here presented is a philosophical analysis of the laws of judicial cognition by a judge, a judicial technology guide summarized by a judge based on the stages and processes of judicial practice, fully reflecting the characteristic that "law is a product of action rather than design." Although this is a philosophical work, and although the author is well-researched and referenced, and although it is filled with rationality, we can still clearly feel many significant differences from the philosophical books we have seen in the past. When reading it, we will not lose ourselves in mere conceptual deduction, will not be troubled by our superficial understanding of the subtleties, and will not be confused by not finding the "North" in reality. A summary by a judge gives us a brand-new perspective on the work we repeat every day: it has the regularity of seasonal changes, a rhythm that is sometimes tense and sometimes relaxed, an essence that is either poetic or prose-like, and a technique that is sometimes refined and sometimes rough.