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Research On Lord Denning's Thought Of Legal Philosophy

Posted on:2021-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:X L YuFull Text:PDF
GTID:2416330611964719Subject:Law
Abstract/Summary:PDF Full Text Request
The universal values of natural justice are the pursuit and yearning of human beings all the time.The core of Lord Danning's philosophy of law is to realize judicial justice,especially case-by-case justice,and its philosophy of law is in line with the quality demand of justice by law,which is also Danning's lifelong pursuit.Danning believes that in a society governed by the rule of law,in general,judicial personnel can find applicable legal rules when dealing with cases in judicial practice,but in some new,complex and difficult cases,judicial personnel may not be able to find applicable legal rules,even if they find applicable legal rules,but if the judge mechanically applies it may lead to the irregularity of the case.Meaning.Therefore,Danning stressed the need not only to maintain legal certainty,but also to ensure the justice of the case,in the legal certainty and the justice of the case to weigh.In a society governed by the rule of law,fairness and justice are the essential values of the system and rules.To realize the purpose and task of the law and make the people realize the real justice,they need to be accomplished by judicial means and means.In order to achieve justice in all aspects of the operation of the law,the legal profession should apply and interpret the written law in a way and method appropriate to the needs of our social age,but the journey to justice has never been a one Although the situation of the rule of law in our country has been greatly improved,the injustice still exists in the judicial practice is still a major obstacle to the process of the rule of law.In addition to the source of the lack of good law making,the causes of the unfair practice of the rule of law depend largely on the judge's legal literacy and moral conscience and strong legal supervision.Therefore,Danning's philosophy of law,such as making good law in line with the concept of "natural justice ",improving the legal professional accomplishment of law enforcement and judicial personnel,and strengthening the function of law enforcement and judicial supervision by public opinion,still have a sense of reference to the construction of the rule of law in our country at present Meaning.
Keywords/Search Tags:Lord Denning, Legal Philosophy, Judicial Justice
PDF Full Text Request
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