A Brief Analysis of the Cultural Roots of Substantive Justice and Procedural Justice
Abstract
The world economy is developing rapidly nowadays, which has led to increasingly frequent international exchanges. Currently, the number of judicial cases worldwide is gradually increasing, and it is not uncommon to see cases with similar circumstances but significantly different judicial outcomes. This clearly shows that there is still a theoretical debate in the academic circle about how to understand the concept of justice, and the same is true in the practical field. Different cultures in different countries and regions have significant differences in their understanding and practice of “justice”, which affects the focus of each country and region in pursuing justice and leads to considerable differences in judicial practice. Therefore, reaching a consensus on legal concepts is undoubtedly an important measure for resolving international judicial cases. This article first lists the concepts of substantive justice and procedural justice, which represent the different legal emphases of the East and the West. Then it analyzes their differences, and finally explores the cultural roots of substantive justice and procedural justice in history, geography, religion, philosophy, etc. And it finally concludes that the two need to learn from and complement each other in the modern legal system.
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