Current location - Quotes Website - Excellent quotations - Aristotle once said: A law without passion is rational. How to understand this sentence?
Aristotle once said: A law without passion is rational. How to understand this sentence?
"Law is rational without passion" is an enduring legal proverb left by Aristotle. The law is rational, but this rationality does not judge the dispute between right and wrong with passion caused by emotion, selfish desire and prejudice, let alone interpret the rationality of legal and judicial activities with passion. Legal workers rationally use the law, and judges rationally respect the law of trial, then the laws that have been promulgated and implemented can become the only standard for judging right and wrong, calming disputes and educating people's words and deeds. The law of trial is based on facts, the law as the criterion, procedural justice as the carrier, substantive justice as the goal, rational thinking to safeguard justice, resolve disputes, calm disputes and promote social harmony, and passively and neutrally adjust the relationship between behavior and law afterwards. Using passion to control the trial, using passion to understand, apply and extend the law, and infiltrating passion into the process of accepting facts and evidence, sacred laws will be artificially played, judicial activities will become a game to stimulate words, solemn courts will naturally become an arena to show litigation skills, and people's expectations for obtaining or demonstrating substantive justice in the legal sense will be unbalanced.

In judicial activities, procedural justice and substantive justice are required, which is a rational embodiment of "law is rational without passion" Procedural justice is the premise of realizing substantive justice; Substantive justice is the corresponding result under the premise of procedural justice. The relationship between procedural justice and substantive justice fully reveals the harmonious and unified relationship between the law of trial activities and judicial rationality. The judicial procedure set by the procedural law is not only applicable to judicial workers, but also to those who seek judicial relief and claim rights. All roads lead to the same goal, pursuing the balance of justice and the rationality of substantive justice. Therefore, rationality in judicial activities is actually a kind of public rationality. The special function of court trial makes this public reason a public rule for people to judge right and wrong. The society has achieved justice, and the "indifference and rationality" of the law will naturally return. Rational litigation, rational trial, rational respect for law and rational respect for legal facts have become laws that people abide by, and procedural justice and substantive justice have been objectively evaluated.

Adjudication in the same case is a judicial law and practice of "legal rationality without passion", which is based on legal facts and makes judgments in accordance with legal provisions. Adjudication in the same case and acceptance of legal facts can not be achieved by passion, subjectivity and skill, whether for the parties who file a lawsuit to claim their rights or for the judges in charge of judicial power. On the contrary, it must be based on no passion and only respect for laws and legal facts, express opinions, seek justice, resolve disputes and promote justice. Participating in litigation with rich passion and rationality, with preconceived passion and prejudice in understanding and applying the law by feeling obviously violates the legal proverb that "the law is rational without passion" and will seriously damage its due fairness and justice.