BASIC RECONSTRUCTION OF LEGAL JUDGMENT FROM SUPREME JUDGES BASED ON LEGAL VALUE AND SENSE OF JUSTICE DEVELOPING IN THE PUBLIC

Justice is organized by court as a facility or vehicle for reaching justice. Role of the court in upholding justice is inescapable. So the court is forced to realize abstract ideas of justice. An important instrument of the court is the judge. The legal system of civil law prerequisites the judge to realize justice and main motive in the dynamic of legal reconstruction. The ground of legal judgment from the judge in the appeal, specifically criminal case raises controversies in the academic and practical fields. The controversy shows if decision or verdict of supreme judges is not wholly satisfying the public sense of justice. Whereas the reasoning from the supreme judges is still curtailed by normative rule of law and it tends to be pragmatic. The reasoning is patterned into three patterns of thought: the reasoning of partial judge, reasoning from ethical judge and reasoning of pragmatic judge. New construction of judge's legal judgment relates closely with judge's attitude. Moreover, paradigm of thought from the judge becomes second grounds.