英语翻译But even here this is not the conscientious discretionary judgment of the judge (as Chancellor Ellesmere would have had it),but rather the situated,experience-informed judgment of thejudge using all the resources the vast body of the law
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英语翻译But even here this is not the conscientious discretionary judgment of the judge (as Chancellor Ellesmere would have had it),but rather the situated,experience-informed judgment of thejudge using all the resources the vast body of the law
英语翻译
But even here this is not the conscientious discretionary judgment of the judge (as Chancellor Ellesmere would have had it),but rather the situated,experience-informed judgment of the
judge using all the resources the vast body of the law provides,thinking by analogy
and extension from all that he knows,to fashion a just and workable solution,
just as a good contract lawyer,who is immersed in the details of the agreement and
the day-to-day interactions of the parties,would do.
英语翻译But even here this is not the conscientious discretionary judgment of the judge (as Chancellor Ellesmere would have had it),but rather the situated,experience-informed judgment of thejudge using all the resources the vast body of the law
但即使在此,这并非是法官的尽责酌情判决(如大法官埃尔斯米尔所说),而是法官已使用广大法律体系提供的所有资源,对他所知的已作类推与延伸思考,如同一位出色的合同律师,埋头于钻研合同的细节以及每日各合同方的互动,而仅在寻求一公正可行的解决方案所做的一样,并监于情况、经验知情而作出的判决 .
但即使在此,这并非是法官的尽责酌情判决(conscientious discretionary judgment)(如大法官埃尔斯米尔(Chancellor Ellesmere)所说),而是法官已使用广大法律体系(vast body of the law)提供的所有资源,对他所知的已作类推与延伸(analogy and extension)思考,如同一位出色的合同律师,埋头于钻研合同的细节以及每日各合同方的互动(day-to-day interactions of the parties),而仅在寻求一公正可行的解决方案(just and workable solution)所做的一样,并监于情况、经验知情(situated,experience-informed)而作出的判决 .
But even here this is not the conscientious discretionary judgment of the judge (as Chancellor Ellesmere would have had it),but rather the situated,experience-informed judgment of the judge using all the resources the vast body of the law provides,thinking by analogy and extension from all that he knows,to fashion a just and workable solution,just as a good contract lawyer,who is immersed in the details of the agreement and the day-to-day interactions of the parties,would do.