2011Year11month20日夜,"The Eighth Issue of Qilu Criminal Bet365 Online Live Dealer Forum" at Shaw Bet365 Online Live Dealer Building316Held in Lecture Hall。The theme of the forum is "Judge's Bet365 Online Live Dealer—World View Issues in Judicial Philosophy"。Forum hosted by Peking University, Ph.D. in Law、Lectured by Wu Jianmin, Associate Professor of Law School of Hebei University of Economics and Business,bet365 app associate professor Wei Zhixun、Hou Xueyong, associate professor of Shandong University of Political Science and Law、Dr. Man Hongjie, lecturer of bet365 app, serves as the reviewer。Professor Zhou Changjun, Vice Dean of the Law School, presided over this forum。
Professor Wu Jianmin discussed the theme of “Judges’ Bet365 Online Live Dealer—World View Issues in Judicial Philosophy” from three aspects:
1、The judge’s explanation: between the general and the specific。Professor Wu demonstrated legislative Bet365 Online Live Dealer from two aspects: ancient Chinese judicial cases and ancient Greek Aristotle’s philosophical bet365 live casino and sports bettingpropositions、Judicial interpretations are not consistent with the essence of Bet365 Online Live Dealer,Because these so-called explanations are still abstract,Universal and specific communication has not been achieved,Only the judge is the subject of Bet365 Online Live Dealer。
2、Bet365 Online Live Dealer explanation: worldview or methodology?Professor Wu thinks,In the study of legal hermeneutics,The mainstream is the study of legal hermeneutics as a legal methodology,This ideological tendency attempts to construct a series of legal Bet365 Online Live Dealer methods,And believe that these legal Bet365 Online Live Dealer methods can truly promote the objectification of the correctness or rationality of Bet365 Online Live Dealer。There are two powerful pillars behind legal hermeneutics in a methodological sense,That is, science and rationality。However,The development of hermeneutics underwent an important change with Heidegger after Husserl,Hermeneutics in the scientific sense begins to move towards hermeneutics in the ontological or worldview sense,And Gadamer systematized this idea into a philosophical hermeneutics,Thus achieving a fundamental change in the way of hermeneutic thinking。Professor Wu further believes,The judge’s Bet365 Online Live Dealer is an act of understanding that occurs between the universal world and the specific world,In fact, his understanding behavior did not deliberately seek the support of the so-called method,He will not first choose a method when explaining a problem,Methodological hermeneutics is just "hindsight"。The judge’s understanding behavior is an Bet365 Online Live Dealer activity based on his or her own existence,Systematic study of methodology cannot help judges overcome their own limited existence,And reach a so-called state of truth。It is precisely because the judge’s interpretive actions do not resort to methodological support,But turn to yourself,That is, his living status,The judge’s existential experience becomes the ontological premise of hermeneutics。This can be understood as a worldview bet365 live online casinoissue,It is not so much the methodology that really plays a role in the judge’s interpretive activities,It is rather a world view,World view is a mental state of one’s own existence,It is also a theoretical expression of human survival experience。It is the judge’s worldview that determines the style of legal Bet365 Online Live Dealer,It is not the judge’s hermeneutic method that constructs the style of legal Bet365 Online Live Dealer;What really constructs a judgment conclusion is the judge’s worldview,Rather than the methodology of legal Bet365 Online Live Dealer;The standard for testing whether the judge’s Bet365 Online Live Dealer premise is reasonable is the issue of worldview,Rather than a methodological issue。Any development of law cannot be separated from the understanding of "practical wisdom",The rationalization of the judge’s Bet365 Online Live Dealer also relies on “practical wisdom”,This is also the highest state expected to be achieved by the practical worldview。
3、Practice perspective: worldview issues in judicial philosophy。Judicial philosophy is a philosophy about the wisdom of law that seeks a balance between the universal world of law and the concrete world of reality,Of course it has its own worldview issues。The judge’s Bet365 Online Live Dealer faces a worldview problem,The result of Bet365 Online Live Dealer is neither determined by pure legal text,Nor is it shaped by the case itself,Of course it is not a result subjectively constructed by the judge from his own perspective。The practice of Bet365 Online Live Dealer is a process of “fusion of horizons”,This process of “fusion of horizons” is the embodiment and expression of a practical worldview。The practical worldview is a worldview of subject-object interactionism,The "fusion of horizons" explained by the judge is exactly the expression of interaction between subject and object。Practical worldview looks forward to the highest realm of practice,This is practical wisdom!However,Practical wisdom in the activities of modern society that includes all aspects of the Dharma is increasingly disappearing,The decline bet365 best casino gamesof practical wisdom is a manifestation of the weakening of the practical worldview。The practical worldview inherently requires the birth of practical hermeneutics,Practical hermeneutics will examine people’s lives with a truly practical attitude,Help people think about what is possible、What is reasonable、What is appropriate,The consideration and solution of these problems is a matter of practical wisdom。
In the review session,Associate Professor Wei Zhixun thinks on the one hand,The judge’s explanation is mainly about methodology rather than worldview;Pointed out on the other hand,For the judge’s explanation,If we only talk about vision blending,Not talking about rational communication,Easy to lead to arbitrary Bet365 Online Live Dealer by judges。Associate Professor Hou Xueyong affirmed the view that the true legal Bet365 Online Live Dealer is the judge’s Bet365 Online Live Dealer,Also agree that the judge’s explanation is usually the precursor to the conclusion,But at the same time, I believe that a simple worldview cannot solve real judicial problems,Worldview only affects the judge’s “discovery” of the case verdict,Methodology helps to "justify" the judgment conclusion。Teacher Man Hongjie agrees that the subject of legal Bet365 Online Live Dealer can only be the judgment of the judge,Analysis of the reasons why the Supreme People's Court currently attaches great importance to judicial Bet365 Online Live Dealer rather than judge's Bet365 Online Live Dealer from the aspects of the administrative model of judicial management and the non-homogeneity of judges leading to a distrust of their Bet365 Online Live Dealer ability;Also analyzes the relationship between Bet365 Online Live Dealer methods and case judgment ideas,Believe that the Bet365 Online Live Dealer method can help the judge form a correct world view before the judge reaches a conclusion,After the judge reaches a conclusion, it will help to prove his conclusion,Persuade the parties to accept。Professor Wu responded to the reviewers’ views。
In the question session,The teachers and students who came to listen to the lecture actively spoke Bet365 app downloadand asked questions,Bet365 Online Live Dealer Wu answered and responded one by one。The entire forum has been conducted in a relaxed and pleasant atmosphere from beginning to end。Bet365 Online Live Dealer Zhou Changjun made a brief but wonderful summary at the end。
Written by: Huo Jianfei Reviewer: Song Ping