Social Sciences
8 years ago

Formal rationality in law takes precedence over substantive rationality in decisions.

Fazhi yu shehui fazhan
On Ten Issues on the Formal Rationality of Law
Zheng Cheng-liang

Paper Summary

Related papers

Economics, Econometrics and Finance
8 years ago

Rationality Debunked: Why Perfect Rationality Is a Myth

Economic Institutions
Monetary Models
Behavioral Economics
2 views
Theme background image
Social Sciences
8 years ago

Formal and Dignified Procedures Key to Law's Dispute Resolution Success

Corrective Justice
Online Dispute Resolution
International Law
Theme background image
Mathematics
8 years ago

Inappropriate amplification of rationality standards leads to divorce from reality.

Modeling Research
Weapon Optimization
Ethnic Relations
1 view

The rationality of law has two aspects: substantive and formal. In legal cases, formal rationality takes priority. When both substantive and formal rationality can be achieved, they should be equally fulfilled. But if they conflict, formal rationality should be prioritized. Whether valuing society or the individual, following rationality is key. Prioritizing formal rationality is the best choice.