法学assignment代写范文节选_论文代写

发布时间：2020-06-08 热度：

　　The common law tradition,in a nutshell,is that judges confront reality by appealing to history.Most beginners of law have a basic impression of English law,that is,the common law is a law focusing on historical traditions.Lord pollock of England confirmed this general view,saying:"I am a jurist;In my opinion,it is impossible for a man to understand English law without much more knowledge of historical criticism than is usually found in textbooks.Similar discourses are common in British and American legal works.Thus it can be seen that history and jurisprudence have a natural connection under the common law tradition,and even the common law is one of them.Even if they are separated,history is in a more fundamental position.

　　But in the common law tradition,history is not understood as a concept of time as opposed to reality.The past cannot be recreated,so history and reality coexist in the present.They are the connection between the known"critical reconstruction"and the unknown"possibility selection".Despite the seeming common people can according to the social,moral,knowledge gained from experience or more,a philosophy,a religion to guess that link,but only by skilled judge accurately discern this association,and on the premise of meet the requirements of procedures designed to decide how to reconstruct history of judgment,as well as how to"discover"in a wide range of possibilities in the parties seem to have been a very appropriate solution.In addition,judges are required to impart their own personal skills to the younger generation in the process of learning from the older generation.

　　In 1607,English judge Edward kirk first explained the difference between acquired technical rationality and innate natural rationality in"forbidding the king to hear the case".He pointed out:"technical rationality needs to be acquired through long-term learning,observation and practical experience.It is not owned by everyone,because no one is born a technical rationality.This judicial rationality is the highest rationality.Thus,even spread to all in the mind of reason to a person's mind,he still can't work out laws like the law of England,because in the continuous generation after generation inheritance,in the long years of the law of England got countless serious,knowledgeable of repeated temper,through long-term practice to get this perfect,used to rule the kingdom."

　　Thomas Hobbes,a political philosopher,did not think so.In his opinion,technical rationality is just a kind of packaging of natural rationality.It should not deviate from natural rationality,and if it does,it should be balanced.Therefore,technical rationality is nothing more than judge kirk once again using his usual skills to separate judicial rationality from human rationality.Its purpose is to separate"what elites think"from"what the public knows"on the one hand,and"the power of the court"from"the power of the king"on the other hand.To this end,Hobbes wrote the dialogue between philosophers and English lawyers,in the hope of showing the legal profession that"a man in his clothes is a man."

　　Judge Matthew hale responded by accusing Hobbes of being a"loose cannon"who ignored the political reality of the monarchy denying its subjects their freedom in the name of natural reason.Most people who believe in technical rationality believe that judge kirk's theory is more historical.Judge kirk emphasized the self-sustaining character of the common law without external interference,which is guaranteed by the stable inheritance of skills between generations.Moreover,based on the law's demand for certainty,judges cannot act arbitrarily like philosophers,and their independent thinking and discretion are also strictly limited by historical materials.To the average person,the law is very restrictive.But judges of skill,even when they speak freely,even when they let their emotions rule them,always base their opinions on just the right historical facts and meet the requirements of a strict legal process.It can be said that craftsmanship builds a"free kingdom"exclusive to legal people.As for this function of craftsmanship,judge kirk attributed it to"perfection after long-term practice".