Folk Custom and Judicial Harmony —Taking the Jiangyan Court’s Judicial Application of the Custom as an Example

Abstract

Taking the Jiangyan Court’s introduction of folk custom as an example, this paper tries to explore in detail the attitude of judiciary to the custom in the context of the mainland. The judiciary citing the custom in a conscious way does not only comply with the social subject’s demand for claim, but also reflects the rational way of thinking of “the value of freedom”. It is also an important measure to achieve the “harmonious justice” and to seek judicial “righteousness” and “legitimacy”.