Substantive rationality refers to the consideration and judgment based on rational, moral and other substantive factors in the process of law formulation and implementation. In legislation, substantive rationality requires legislators to consider not only the technical and procedural aspects of legal provisions, but also substantive factors such as social values and moral standards to ensure that laws meet public expectations and moral standards.
In law enforcement, substantive rationality requires judges not only to follow legal procedures and regulations, but also to consider substantive factors such as reason and morality before making a ruling that conforms to social values and moral standards.
Although the legal acceptability of substantive rationality has great influence, the judgment is usually predictable. This is because the modern legal system usually has clear legal provisions and procedures, and judges must follow these provisions and procedures to make judgments.
At the same time, the substantive rational law also emphasizes the stability and predictability of the law to maintain the authority and reliability of the law. Therefore, although rational factors will have an impact on legislation and law enforcement, people can usually predict the outcome of the ruling by understanding the legal provisions and procedures.
Application of substantive rational method;
1. Legal gaps or unclear laws: When legal provisions are unclear or have loopholes, judges need to make judgments based on substantive factors such as sense and morality to fill legal gaps or solve legal disputes.
2. Legal provisions are contrary to rationality: When legal provisions are contrary to generally accepted rational and moral standards, judges need to consider substantive rational factors to balance the relationship between legal provisions and social expectations.
3. Cases involving value judgment: In cases involving value judgment, such as morality, ethics and social morality, judges need to make judgments based on substantive rationality to determine the values and moral standards that the law should protect.
4. Cases involving complex social problems: When a case involves complex social problems, such as social injustice, discrimination, human rights violations, etc. Judges need to consider substantive and rational factors, balance the relationship between different interests and values, and make a ruling that conforms to social justice and fairness.
5. Cases involving emerging fields or new technologies: When cases involve emerging fields or new technologies, such as the Internet, artificial intelligence, biotechnology, etc. Judges need to make judgments based on substantive rationality to determine the scope of application of the law and the application of legal principles in new fields.