Legal Theory and Judicial Models

Author: Wu Jianmin
Publisher:
Publish Date: 2006-08-01
Features: This book explores the issues of judicial theory and judicial models, which are derived from judicial behavior and essentially a study of the judicial process itself. As an important legal practice, the judicial process is one of the most fascinating research areas in legal life. The book is divided into two parts: the first part, "Judicial Theory," explains legal interpretation theory, fact theory, and judicial argumentation; the second part, "Judicial Models," introduces the resources and operations of statutory law models, case law models, and mixed law models in judicial behavior. The content of the entire book is comprehensive, rich in materials, and suitable for legal researchers to study. The author adopts a practical approach to the study of judicial theory and judicial models, upholding the fundamental stance of practical jurisprudence. First, practical jurisprudence respects the nature of the judicial process itself and insists on understanding judicial adjudication based on the inherent regularities of the process rather than regulating the judicial process from arbitrary doctrines. Second, the implementation of practical jurisprudence in judicial behavior requires that judicial behavior embody the value of practical rationality. Third, practical jurisprudence emphasizes the value and significance of practice itself, and practice is a practice with subjects. Good judicial practice full of practical rationality requires judges with rich practical wisdom. Fourth, practical jurisprudence is dialectical and moderate, and this fundamental stance of practical jurisprudence holds significant meaning for judicial practice. Fifth, practical jurisprudence is contextualized and situational, and this way of thinking holds great value for reasonably interpreting the judicial process.
Additionally, as a way of thinking in jurisprudence, the ideological purpose of practical jurisprudence is to make life more meaningful, which is also evident in the judicial process. The value of judicial existence lies in reasonably and justly resolving various disputes and contradictions. In this legal activity, judicial contact with the public is the most direct, and thus the public's trust and expectations in the law often manifest as demands for the rationalization and fairness of the judiciary. What meets these demands is good judicial practice, which reflects the value concept of "people-centered." This "people-centered" concept is the life-oriented philosophy of the judiciary, and its purpose is also to make people's lives better, which is the fundamental difference between modern judicial theory and ancient judicial dominance concepts. This life-oriented philosophy is reflected in the respect for the world of life in legal interpretation, in the simplicity and convenience of the design of judicial systems, and in the harmonious value orientation of judicial conclusions.