为了维护法治,我们必须强调法律具有客观性。但事实告诉我们,法律的适用无法完全驱除主观性的“幽灵”。因此,传统意义上的客观性遇到了越来越多的挑战。许多法学家对此做出了理论回应,但始终不能彻底地解决问题。本文改变了探讨问题的方式,从促使法律显现的现象学角度来分析法律的客观性。通过分析发现,法律的客观性实际上来自以法官为中心并由各方参与的审判实践活动,因其具有“非决定性参与”的特征而称为客观性。更重要的是,法律的客观性是有条件的,即“境域性”的。法律在不同境域的实践中不断扩大自身客观性的范围,从而体现出法律客观性的动态特征。 In order to uphold the rule of law, we must emphasize the objectivity of the law. But facts tell us that the application of law can not completely get rid of subjective “ghosts.” Therefore, the traditional objectivity has encountered more and more challenges. Many jurists have made theoretical responses to this issue, but they have failed to solve the problem thoroughly. This paper changes the way to explore the problem and analyzes the objectivity of the law from the perspective of phenomenology that causes the law to emerge. Through the analysis, it is found that the objectivity of the law actually comes from the judge-centered trial practice involving the parties, which is called objectivity because of its characteristics of “non-deterministic participation.” More importantly, the objectivity of the law is conditional, that is, “territory”. The law expands the scope of its own objectivity in the practice of different regions so as to reflect the dynamic character of the objectivity of law.