The Research on Relative Rationality in Judicial Reform

DOI

10.2991/etmhs-16.2016.71How to use a DOI?

Keywords

Reason; Judicial rationality; justice reform

Abstract

The reason and rationality are very important categories during the process of developing and implementing law. It is exactly under the leadership of the reasonable doctrine that mankind begins to pay attention to and high praise the written law, making the law determinate, stable and predictable. However, the inherent lagging of the written law contributes to a kind of unavoidable tension between written law and social development. The abstract legal rules cannot form a corresponding relation that direct firm word does not change with complicated social life. Thus, regular universality is at a loss as to what to do in front of the variety of social life sometimes. In the judicial course, when disputes occur, there is a judicial responsibility according to the social major values, regarded as “an end line of just of the society,” objective law and operating the law to award these disputes rationally by itself of the social development. So judicial rationality research is a avoided subject in the course of rule by law.

Copyright

© 2016, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Yao Feng
PY  - 2016/01
DA  - 2016/01
TI  - The Research on Relative Rationality in Judicial Reform
BT  - Proceedings of the 2016 2nd International Conference on Education Technology, Management and Humanities Science
PB  - Atlantis Press
SP  - 318
EP  - 325
SN  - 2352-5398
UR  - https://doi.org/10.2991/etmhs-16.2016.71
DO  - 10.2991/etmhs-16.2016.71
ID  - Feng2016/01
ER  -