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Research On The Logical Application In The Legal Field

Posted on:2012-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:L B ZhangFull Text:PDF
GTID:2166330338459687Subject:Law of logic
Abstract/Summary:PDF Full Text Request
In the late 1970s, in the early 1980s, Chinese scholars officially proposed legal logic, studies have advanced, in order to adapt to the development of logic, and connect with international logic development, scholars put forward logic modernization, legal field is also put forward the logic of application question. With China's socialist legal system becoming perfect, Legal increasingly influences social life. Therefore, researching the logical application of the legal field has very important significance.Legal logic is a kind of application logic, is the important tool of the legal fields, which has thought of important methodological significance. It rightly constructs the theory system base on the basic logic concepts, and with different research perspectives and multiple dimensions of research to resolve the logical problem in areas of the law.After decades of constant exploration, although already obtained many research achievements, but there are a lot of controversies and insufficiencies in related research. For example: research about legal logic research object, nature, legal thinking methodology and tools is not enough. If these problems are not getting deeper understanding and solutions, will hinder the development of legal logic. With these questions, based on the perspective of legal logic in the field of law as the research contents, attempts to understand legal logic research object and properties, and with legal logic view to examine the basic problems of logic applied in the areas of the law, then discussing legal thinking tools and methodological significance.In addition to the introduction and conclusion, this paper will be divided into five parts:Part one of this article: anglicizing the basic problems of the legal logic. This section will divide the basic problems of legal logic into three aspects: First, introducing the research background of legal logic and real development situation. Analyze historical causes why legal logic research in China than western behind nearly thirty years, namely legal logic research faces "dispute", "little-used" state, not understanding the basic problem and methodology value deeply. And then expounding the three stages of experiences of our country legal logic research. Secondly, discussing the logic basis, research object and properties of legal logic, the present legal logic of a dispute about the research object and nature will be discussed, confirming the research value that with legal logic view to examine the logical application of the legal field. Finally, anglicizing the theory instruction and the practical significance of the legal logic, through the interpretation of these two aspects, think that we must keep them together to understand the legal logic function of the subject more deeply.Part two of this article: Aiming to illustrate the necessity and possibility of the logical application of the legal field. The necessity includes demand theory and practice required in logical application of the legal field. These two aspects that are considered: research about the logic application of the legal field of is not only a sign of growing maturity in the legal theory applied, but also the urgent needs of legal practice, which has important practical significance. the possibility include experience of thinking and the accumulation of material, application logic and related methodological research highlights, which provide theoretical support and methodological possibilities for researching logical application of the legal field.Part three of this article: Aiming to illustrate and evaluate the logical perspective of logical application of the legal field. This article is divided into two levels in this part of the discussion: The first level is to clarify the academic perspective on the legal Logic. Legal logic research situation requires us to ponder related issues in logical application of the legal field. Discussing legal logic research perspective is the theoretical basis of logical application of the legal field, the key problems are How to use logic view to survey and research the way of thinking in the legal field, which provide effective thinking tools and methods for research in the field of law. If only taking the legal logic as a kind of methodology, or studying far from reality, will debases disciplinary value of legal logic. Legal logic view is not limited to the areas of the law, which eventually goes beyond the law, takes research results feedback to logic, and reflects and contents logic and its basic theory relying on. The perspectives of Academics on the legal logic mainly include: pressing "applying subject" train of thought for research; providing method for the logical problem; legal application logic; informal logic becoming one path of the legal logic theory and practice.The second level is to evaluate the research perspective on the legal logic in academic circles. From the four main research ideas in the first level is easy to see the Jurists'and logicians'great effort on the establishment of an independent disciplinary system - legal Logic. The research in academic circles on the legal logic has entered a new phase, a qualitative leap. Based on the several study thinking of the first level, the second level focusing on the nature of legal logic and the application of legal logic in the field to evaluate several perspectives of legal logic in current academic circles.Part four of this article: discussing dimensions of the logic application of legal field. With a different perspective as the same as the logical application of the legal field, research perspectives of legal logic are multi-dimensional, that scrutiny the logical application of the legal field from a variety of different perspectives. Specifically in the following aspects: (1)review of rational thinking in the legal field with logical view;(2)research on validity of reasoning or argument in the area of law with the way of logic;(3) logical analysis of legal concepts and legal norms.At the same time, in the course of the study has multidimensional perspectives, we should pay attention to the problem: the law of identity, the law of excluded middle, the law of contradiction and law of sufficient reason in the application of the law.Part five of this article:analysis that legal logic is a thinking tool in the field of legal practice. This section describes the research of legal thinking of areas law in the present situation, the way of legal thinking and the role of legal logic in the legal thinking So, when we study methods of legal thinking in the legal field, legal logic as one of the tools of legal thinking, by excavating instrumental meaning of legal logic and methodology, which has important significance for researches on Law and ways of legal thinking.
Keywords/Search Tags:Legal logic, Theoretical perspective, Research dimensions, Legal thinking
PDF Full Text Request
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