The Thinking of the Sources of Law and Its Methodological Significance
Strictly applying statutory laws can effectively constrain the judicial activities,but it may also lead to issues such as dogmatism and mechanical justice.Allowing judges to randomly incorporate values and other so-cial norms into cases,with broad discretion,will erode the authority of enacted laws.To maintain the authority of statutory laws and apply them appropriately,it is necessary to apply the thinking of the sources of law.Transforming the theory of the sources of law into the thinking of the sources of law has positive methodological significance in alleviating the rigidity of enacted laws,harmonizing the relationship between enacted laws and other social norms,and better resolving disputes.The thinking of the sources of law is a methodological refine-ment of legal source theory,which is a method of re-understanding,interpreting,and applying the law on the basis of open legislation and constructing a legal framework for handling affairs in accordance with the law in the context.The thinking of the sources of law has openness,aiming to find reasons for judgment in a wider range of legal forms and reshape the meaning of law in context.It also requires the comprehensive application of legal methods to limit the value of unlimited expansion into law,active judiciary,or law enforcement.The thinking of the sources of law not only respects the authority of formulating laws,but also explores the legal significance in the context under the name of law,which is a thinking method for defending the rule of law.
the Thinking of the Sources of Lawthe Thinking of Rule of lawLegal MethodsSystematic Thinkingthe Logic of Rule of Law
NETL
NSTL
万方数据
