The Theory Of Acceptability In Legal Methods

Compulsory power is traditionally considered so important in the rule of law, but it turns out to be very limited in modern times , although it is sill one of the most vital elements in the modern rule of law . In short, we can no relay merely on the compulsory power ,or we will be confronted with great difficulties nowadays . Based on the ontology of the past, legal method is gradually gaining popularity today , which stands for the trend in the legal studies. Macroscopically , acceptability is the main goal in legal methods .Without acceptability , the use of legal methods will be meaningless , no matter for the legislator or for the judge , which manifests the close connection between ontology and methodology . In the microcosmic view, acceptability is carried out in every legal method , especially in legal argumentation .Justification is the core in legal argumentation , which is shown in the great works by Habermas , Perelman and so on . Justification plays an important role in many aspects ,such as the goal of legal methods , the construction of legal argumentation , the legal procedure and so on . If we expand the legal justification , the aim of justification is to accept .In this sense , the acceptability stand as the background for legal justification . As a result, it is so meaningful for us to study the theory of legal acceptability .The study of acceptability helps the legal methods function better in our society . The law and legal methods are actually put into practice in society . the study of how to reach acceptability is helpful to the identification , not only to the parties in court, but also to the whole society . What's more important, acceptability is beneficial to the construction of legal faith .which is so essential in our society.All mentioned above is the main content in Part One : General Theory , which , in short, deals with the back ground of the rising of legal acceptability , acceptability in legal methods and the society . In this part , we can see the trend of legal methods—to open .Legal interpretation and legal argumentation are two main way to the acceptability , which is the keystone in Part Two: Strategies . Compared to bringing the question forward , it is more difficult and more meaningful for us to find ways to solve the problem . First, the part analyses the traditional ways to acceptability , such as the values of law , compulsory power and so on .In addition , some scholars put forward some useful views , such as Stephen Toulmin . As to the acceptability , legal interpretation is just to find certain authorities . For example , historical interpretation means the authority of the tradition, and social interpretation stands for the authority of the majority . Different methods of legal interpretation function differently in various circumstances , to reach the acceptability as much as possible .Logical , dialogical and rhetorical are the main ways in legal argumentation , any of which is useful in acceptability . syllogism is discussed in logical method , and the view of Habermas on acceptability is analyzed in the dialogical method , with techniques of Perelman on acceptability shown in the rhetorical method . What's more , the relationship between justification and acceptability is also analysed in the part , which stands for the trend of legal method mentioned above.Based on the theoretical analyses all mentioned above , Part Three : Cases is about the practical usage of acceptability as well as the trend of legal methods .as followings (1)remarks on the case of retirement, dealing with the usage of acceptability inside the legal methods ; (2) rhetorical function of the forbidden from analogy , the expansion usage of legal method to the legislation ;(3) remarks on the case of honorary right , the acceptability of verdict and its confirmation .