Analysis Of The Nature Of Judical Judgment

Since of the modern judicial system’s feature of the man-made thing,how judicial decision can withstand the public domain discussion/test,and how to get credibility,these questions have become a common problem faced by legal persons in various countries.This paper attempts to communication with the judge with an open mind like this way:applying Arendt’s judging theory can help judges to exclude subjectivity and personal likes and dislikes in judgment process to make the judicial decission can withstand the public domain disscussions and tests.The text of this article is as follows:in the first part,the author briefly introduces the origin of Arendt judgment theory,the extension of political judgment derived from Kant ’s theory of judgment,the author tries to concisely outline Kant ’s judgment theory to clarify Arendt ’s revelation in this theory.Kant transformed the the expression “human” into “humans”in “Critique of Judgment”.Human’s individual actions are unique.This uniqueness corresponds to human’s ability of judging,which is always focus on it,illuminate it,narrate it.Judging doesn’t need pre-existing general rules,the immortal meaning can be found in individual conversations and actions.In the second part,the author analyzes the concept and characteristics of Arendt judgment theory.The characteristics of publicity requires judgment to be made in the public domain,Arendt emphasizes the political attributes of judgment,claimes it can distinguish right or wrong,identify beauty or not,and can be able to view the phenomenon of politics in a more fair manner.More over,this political attribute provides rationality for the extension of the theory of judgment in the field of judicial adjudication.In the third part,the author tries to analyze in depth the tension of judgment theory in judicial field.The judge’s position in modern judicial decisions is in line with the observer position of judgment theory,and in Arendt’s observation and analysis of Eichmann’s trial,Arendt has applied her theory of judgment in it.She put herself in the position of a judge,think about”how the judge think and behave in this judgment”.Human judgment behavior should not just stay in human’s mind,it’s communicability,persuasion is a manifestation of mental ability.Adimittedly,judges’ judgments are not always correct,however,in the infinite space for communication.The application of the theory of judgment will provide possibility for the revision of the judgments.This is also the meaning of this article.