Judge's Thinking (Basic Laws of Judicial Cognition)

Author: Wang Nanxin
Publisher:
Publish Date: 2005-12-01
Features: The thinking of a judge exists in the form of judicial technology as a rational understanding of the law, representing 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 works 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, and will not be confused by not finding the "true north" in reality. The summary of 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 either tense or relaxed, an essence that is either poetic or prose-like, and a technique that is either refined or rough.