Posna's Practical Law Corporation can be regarded as a improvement of legal economics，The result of the interdisciplinary research he admires。But，Use one subject to try to improve another subject，It may lead to the former invasion of the latter。Popular Prague Prague Law Perspective, on the one hand, recognize the uncertainty of judicial activities，But at the same time trying to replace the definitance of empiricalism，As a result, the critical object of the anti -basicist person。

　　bet365 live casino games

Judicial Judgment is a complex debate process，The essence is that all parties involved in the case use rhetoric resources to achieve their own purposes。Judges want to convince the parties and the legitimacy of the judgment from all walks of life，Lawyers want to persuade judges and jurors to accept the argument that they are beneficial to their own parties。Whether the former or the latter，Judicial argument needs to use certain forms of certainty as the starting point，and this starting point is the text of the law。Judges cannot avoid the meaning of text during the trial。Different views between the significance of different legal parties and the relationship between text。Judge Holms thinks，People can understand how people with normal language ability to understand the text to determine the author's meaning。Bosner believes that this "obvious meaning entering the way" cannot solve the faults between the literal meaning and legislative intent of the law。The interpretation community of the former is related to the reader，The latter is related to the interpretation community of legislators。The interpretation of the legislators can be bet365 live casino games used to determine the meaning of the text，This is not self -explanatory。Different interpretations of the author and readers also means that different readers' understanding of the text presents diversity。

Discussion above indicates，Legal text needs to be interpreted to play a role in trial。Because the legislators and the interpretors are in different contexts，The Law Explanation is actually to make up for the efforts of the gap between the context。As mentioned earlier，Judgment is a process of argument，Determine as the starting point。During the interpretation process，This certainty must be reflected as the objectivity of legal interpretation。But，Explaining the heterogeneity of the community also makes the significance of the law of uncertainty。This uncertainty and pursuit of objectivity make judicial trial behaviors a rhetoric。For judges，Case trial is a rhetoric process，Facing the rhetoric situation caused by different interpretations of the law，The purpose is to launch your own interpretation with an objective face，To persuade the audience。

　　Posna's pragmatism response

The uncertainty of bet365 Play online games the meaning of legal text not only gives the trial process rhetoric，It also makes the relevant theoretical game full of rhetoric。The inherent uncertainty of the trial process cannot be bypassed by any law theory of law。In terms of legal economics，Uncertainty occupies a lot of space in the theoretical discussion of Posner。Persna believes in trial activities，Laws and precedents have no restriction on judges: "A pragmatist judge always do his best for the current and future case trials，So he is not restricted by this responsibility with other judges' relevant judgments。"" "，Judge's rhetoric under the perspective of pragmatism is to make your judgment stand the bet365 Play online games test of the present and future audiences，In order to achieve this goal，Law text and jurisprudence is a rhetorical resource available。Because of the existence of meaning uncertainty，The use of these rhetoric resources can be used properly。From this point of view，Persna's pragmatism description of judicial behavior fully reflects the nature of rhetoric of judicial behavior。Objectiveness has become a culture of the trial process、Political attributes，And the judge can get a dynamic balance between the rule of law and the substantial justice。

other，Practicalism also provides a perspective of resultalism for the interpretation practice of legal text。Persine denies the objectivity of the ontology and scientificist objectivity of the existence of personal experience，I believe that judicial behavior can only achieve objective dialogue，This is a kind of unstable、Short and objectives caused by discourse parties through discourse。It is because it is the only rhetorical balance in the trial，The judge can also get a balance between the strict restrictions of the law text and the substantial justice。This view of Posner is worth noting，Because this shows its empirical empirical tendency。First，Persine recognizes the possibility of the rule of law。According to the interpretation of the "Oxford Law Dictionary"，The rule of law is a "extremely important、but not defined、Not a concept that can be defined casually，It means all authoritative agencies、Legislation、Administrative、Judicial and other institutions must obey some principles "。This definition indicates that the rule of law is a broad and vague concept of extensive applicability，Only in this way can we provide rhetoric resources for institutional discourse behaviors。In the discussion on the rule of law and Bet365 lotto review substantial justice，Feixi has pointed out，The context of our place will limit our search for the common value that does not bring any political tendencies，This indicates that the rule of law is actually a means of rhetoric for judges。Persna believes that the rule of law can be realized，It means that he feels that he can find an objective cognitive method that exists independently。The description of its practicalism above can confirm the assertion: Since the subject of judicial behavior is interpretation，So the perspective of providing a "result of result" means that Posna's pragmatism is a "scientific and serious empiricalism，It has a clear connection with legal realism "。Persine theory is deeply influenced by economics。The latter's cognitive method is an empiricist，The important means of denying the experience of "observation" will be disturbed by the observer's prejudice。In essence,，As Fish pointed out，Posna's pragmatism is consistent with the purpose of legal economics: introducing social science theories into the field of legal research，Then gives law research to social sciences such as economics。

　　From one uncertainty to another uncertainty

To achieve the above purpose，Persine first affirmed the uncertainty of the interpretation of the law，But it is believed that it is not a broad concept such as "interpretation" that can be solved。Take "Imagination Reconstruction" as an example，Through the problems faced by the imagination of the legislators, guessing the legislative intent will eventually have high uncertainty，Therefore, there is a suspicion for the convenience of judges "hanging sheep's head to sell dog meat"。Judicial personnel can use the authority of the law itself to make a legitimate judgment。This is here，The boundary between judicial trial activities and legislative bet365 Play online games behaviors is very vague。Other mainstream method interpretation theories also face similar dilemma。The gap between time and space and context between legislators and judicies，It means that explanation actually becomes an excuse for the legislation of the judiciary。From Persine's view，"Imagination/Purpose Reconstruction" proposed in order to fill the gap between the text and the current context、"Transaction Entry Road" or various "explanation principles" do not help find a certain meaning in the interpretation。These interpretations are just political or moral judgments made by judges in the name of the judge。

Faluna with uncertain semantics is still a question that the judge cannot escape，For him，This problem cannot be solved by any interpretation method，Because they cannot objectively reflect bet365 Play online games the meaning of legal text or the intention of legislators。Since the method of explanation of the method cannot bypass uncertainty，Persner proposed to completely abandon it，The judge no longer pays attention to the meaning of the text，Instead, judgment is made from the results caused by trials。The measurement criteria for the interpretation of the results as a legal text is an important feature of Posner's pragmatism，Because "Practicalism does not integrate cross -disciplinary integration with science，It's a mess "。Bosner also realized the disadvantages of empiricalism，The so -called "result" is a judgment based on personal subjective consciousness，Therefore, it cannot ensure the objectivity of interpretation than interpretation。When practicalism needs to be combined with economics，"Objectiveness", an important tool used to deny the theory of interpretation theory, is relentlessly abandoned。Judicial trials under the perspective of pragmatism are no longer the meaning of legal text or legislator intention，Instead of considering the society or personal benefits of the judgment。In other words，"Maximizing Fortune" has become the standard for measuring the judgment。

The emphasis on experience constitutes the core of Persine's legal pragmatism。Fei pointed out，Poly's Practicalism description of the law is more correct，For example, deny formalism objectivity，But with its guidance practice, it is impossible to succeed。Any theory requires a starting point，And once practicalism, once it changes from phenomenon description and theoretical discussion to guidance for practice，It is necessary to establish a wide range of applicability and correctness that beyond the specific context。But，The essence of discourse interaction is heterogeneity。All parties in the discourse interaction start from different backgrounds，Establish an unstable through rhetoric interaction、Temporary objectivity，and use this as a starting point for acting，This is the essence of judicial behavior。The extensive correctness of the above super language context cannot exist，Therefore, the theoretical discussion of legal pragmatism does not have much guiding role in judicial practice。Fisher starts from the perspective of anti -infrastructure，Remind us to pay attention to those basicist theories that are dressed in pragmatic coats，One of them is the Persian's Practical Law Corporation。Speaking of which，Try to find definition in the uncertainty of judicial activities with "maximizing wealth"，In the end, only one kind of uncertainty is used to replace the other uncertainty。Under the context of judicial reform in my country now，Awareness of the uncertainty of judicial behavior should make us regard judicial activities as a rhetoric bet365 Play online games interaction，Pay attention to the impact of its words on the words of judicial activities involved in all parties，instead of using another theoretical term to try to replace this uncertainty。

　(Author Unit: School of Foreign Language, Fujian Normal University、Foreign Language Department of Fujian Agriculture and Forestry University International College)