“Consensibility” from a comparative perspective of bet365.com and Western law
October 08, 2024 09:58 Source: bet365.com Social Sciences Magazine Author: Ling Peng

  Abstract:From the perspective of legal history,On “reason” and “legal formalism”、Comparative display of "judicial equitable rationality" and "legal realism",The judicial process under the logic of "reason" is not only different from the application of syllogism to legal texts advocated by legal formalism,It is also fundamentally different from the traditional equitable reasoning of the common law。Legal realism discovers emotions in the judicial process、Character、Irrational factors such as habits,Thus, these factors may be regarded as interference factors external to the ideal judicial process,Or think it must be converted to a higher level of legal rationality。Different from this,The logic of “reason” in bet365.com fundamentally recognizes the rationality and importance of these factors in the trial process。As an overall way of understanding the world and the highest goal, "reason" is the key difference between bet365.com and Western justice,The differences between Chinese and Western judicial trials also reveal the differences between China and the West at the overall level of society。

  Keywords:bet365.com reason Legal Formalism Equity of Justice Legal realism

  AuthorLing Peng,Associate Professor, Department of Sociology, Peking University;Tang Ruiqing,PhD student at Peking University School of Government。(Beijing 100871)

Editor: Zhang Jing
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