- 期刊
初探法感（Rechtsgefuhl）－以民事案例出發思考其在法官判決中之地位
A Basic Study of the Sense of Justice-Thinking Its Status in the Procedure of Judge's Decision-Making Based on Some Civil Cases
並列摘要
After Summarizing the argumentations of the literature, the Sense of Justice can be concluded as four functions: the Critical function, the Security function, the Abduction function and the Legal Source function. The function most exercised by the courts is the one of criticizing the positive laws. In the so called ＂Glass Doll＂ case and the ＂Limitation (Prescription) of Insurance Claims＂ case, the judgments of the Supreme Court not only use the Abduction function of ＂ Sense of Justice＂ in order the obtain the initial direction of solving the problems, but also play its critical function ＂as a critical mechanism for positive law, as a evidence to the intuition for a legal person with abundant experiences dealing with legal issues＂. To certain extent we can certify that the process during the judge making judgments is in fact just to be in accordance with national legal feelings and to answer the legal social purposes.