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《Evidence Science》 2017-03
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Justice in the era of post-truth——a book review of the doctrine of opinion-based adjudication written by professor Lu Erqi

Guo Wei;Graduate School of Law,Hokkaido University;  
Observing the research spectrum and its feasibility of the book, the Doctrine of Opinionbased Adjudication written by Professor LU Erqi, the "Opinion-based Adjudication" has a certain theoretical and practical basis. First, the Legal Positivism provides a theoretical background for the idea of "Opinionbased Adjudication". In turn, the "Opinion-based Adjudication" can be regarded as a kind of application of the theory of legal positivism; and the claims of Opinion-based Adjudication, to a certain extent, also accord with the characteristics of legal reasoning. Second, the judicial activities, as a platform for the exchange of views, not only consistent with the view of Legal Functionism that the modern justice is an important channel for public communication, is also a way for adjudication to obtain justification in a multi-interests society. However, it is uncertain how well the "Opinion-based Adjudication" theory can do in the protection of the defendants' rights and the achievement of multi-consensual, and its specific implementation also remains unclear.
【CateGory Index】: D915.3-5
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