The Generality of Law as the Root of"Treating Like Cases Alike"
The generality of law refers to the general type of conduct prescribed by law and its treatment,and general application of law to the population within its jurisdiction.In the ideal state,"treating like cases alike"is the logical result of the generality of law through adjudication according to law.In practice,in the face of inevitable obstacles,"treating like cases alike"cannot always become a logical result.On the contrary,in order to achieve the generality of law,it is necessary to turn"treating like cases alike"into a judicial requirement to form a consistent judgment.In the countries dominated by written law,the institutionalization of"treating like cases alike"can further promote the consistency of judicial judgment in difficult cases.This institutionalization is not a dispensable supplement to the adjudication in accordance with law.The value of"treating like cases alike"is independent of adjudication in accordance with law,which is fully demonstrated by the following of wrong cases,and its value basis is finally based on the generality of law.
Treat Like Cases Alikethe Generality of LawDifficult CasesAdjudication in Accordance with Law
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