On Study The Defeasibility In The Reasoning Of The Law On The Application

In recent years, there continue to be legal logic of western North America, logician, judges and lawyers questioned. Studies pay attention only to legal reasoning (formal) model of deductive and inductive, but not sufficient to deal effectively with the kind of legal reasoning is the most basic types, namely, to defeasible reasoning model, according to this model, When an exception to the rule or generalization is applied to a case, to produce a plausibility inference, the inference may fail in certain circumstances, may also provide evidence to support a conclusion. Accordingly, in specific legal applications, the following discussion of the less:What is the nature of legal reasoning can be defeasibled? Whether legal reasoning defeasible nature? What kind of approach should be taken to achieve legal reasoning defeasible modeling? To repeal the legal practice of legal reasoning will produce what kind of impact? And so on. Walton believes that legal logic is to model the third type of reasoning, namely, the non-formal logic of defeasible reasoning.Defeasible reasoning play a very important role on the legal practice in view of this, application of this reasoning to legal problems of defeasible reasoning that can be abolished one by one sort of species; examine the application of the law can be repealed in the reasoning and its necessary sex; article will also discuss, if the legal application of reasoning with defeasible, then what methods can be used on the modeling?This paper consists of four parts. In the first part, the difference of five can be abolished, that ontological, conceptual, epitemic, justification and conditional defeasibility.The second part, analysis these defeasibilities's roles in the phenomena of justification defeat, given the legal application of the characteristics of defeasible reasoning. This chapter is the focus of this article.The third part, based on current research defeasible reasoning, discussion of this reasoning model may take a few hot spots. This article demonstrates that the use of argument logic or non-formal logic to solve the problem of reasoning modeling is a promising option. This chapter is the difficulty focus of this article.The fourth part, view of the current problems in legal reasoning, the reasoning can be abolished legal practice of the importance of making our summary and outlook.