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法律对于理性人的假设,使法官在疑难案件的裁判中举步维艰。但任何一个具有正义感的法官都不应屈服于人类的有限理性。突破理论与实践中意识形态的束缚,创造性地适用法律并以此实现个案正义,是法官的必须选择。
The assumptions made by law over rational people make it difficult for judges to judge in difficult cases. But any judge who has a sense of justice should not give in to the bounded rationality of mankind. To break the shackles of ideology in theory and practice, to apply law in a creative way and to realize individual case justice is the indispensable choice of judges.