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Imagination On Equity Argumentation Theory

Posted on:2009-04-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:B YangFull Text:PDF
GTID:1116360272983842Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Reasonableness of legal decisions is one of the focus of jurisprudential research in recent years. This paper concentrates on the possible way of legal decision-making in legal argumentation's point of view. On the basis of the reflection of two existed paths of pursuing reasonable legal decision, the author tries to combine their advantages to form a new set of argumentation rules, in order to the achievement of reasonable legal decision.The paper consists of 6 parts.The first part is introduction, which sketched out the main idea of the paper. After pointing out the two main problems of the former legal argumentation theories, the author presented her own resolution.Article 1 goes on the necessity of pursuance of reasonable legal argumentation. On the basis of analysis of limitations of law, the author argues about the importance of reasonableness of legal decision, characters and realm of reasonable legal decision.Article 2 argues about two existed resolutions to reasonable legaldecision--equity and rhetoric. The development, main ideas andhistorical interrelation of equity and rhetoric have been mentioned.Article 3 goes on the product of the combination of equity and rhetoric - equity argumentation. At first, the difference of equity argumentation and legal argumentation in narrow sense has been discussed. The author introduces the resources of equity argumentation. In comparison with the argumentation based on legality and the rhetoric argumentation, the characteristic of equity argumentation has been summarized. At last the domain of equity argumentation has been discussed.Article 4 discusses the principles, arguments and methods of equity argumentation. The principles of equity argumentation insist of common principles, which it shares with other types of argumentation theories, and special principles, which only equity argumentation possess. Equity argumentation resorts to a lot of arguments, whose scope is much broader than former legal argumentation. The arguments of equity argumentation are divided into correct reasons and legitimate reasons. Moreover, equity argumentation often depends on plausible arguments. The last section discusses main methods of equity argumentation.The last part is conclusion, which points out the interrelation between equity and harmony, and discusses the possible contribution of equity argumentation to the construction of harmony society.
Keywords/Search Tags:Reasonableness, Equity, Rhetoric, Legal Argumentation, Equity Argumentation
PDF Full Text Request
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