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The Pursuit Of Identification: Persuasions In The Law

Posted on:2009-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:M Q CaoFull Text:PDF
GTID:2166360242987611Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The article, The Pursuit of Identification: Persuasions in the Law, is constituted of five parts. The first part is a preface to the article. In the history of the development of legal knowledge, people find that each law science school has its different views. Although different to each other, their theories sound reasonable. The law learners all want to set up a kind of theory to persuade others. No matter whether there is an essence in the law, in the development of legal knowledge, people all are after'identification', are doing everything to persuade others.In Chapter two, the author studies the word'identification'. The word is used in Rhetoric. The founder of New Rhetoric, Kenneth Burke, used the word'identification'as'persuasion'. Human beings, as a kind of symbol animal, have the tendency to be persuaded by words. Sometimes, people can be persuaded by other means, such as actions. To determine who are audiences is a critical problem. Certain audiences determine certain persuasion means. Only under the circumstances of democracy, persuasion in the Law has its might. People can use word to gain their own benefits. In order to avoid'persuasion'becomes'quibble', some restrictions are needed.Chapter three discussed legal knowledge, which is the background and the result of persuasion in the Law. Knowledge theory defines knowledge as'true faith which is verified'. Legal knowledge is also a system of faiths. People sort faiths on specific occasions. Man gets the principles in similar circumstances. Such persuasions are piled up, and legal knowledge is shaped gradually. The sort of faiths is mainly to judge the values. Unavoidably, persuasion in Law meets power. The persuasion serves the power, and it also criticizes the power.Chapter four discussed the persuasion in concrete cases. The author divided it into two parts: the litigant's persuasion and the judge's persuasion. They're different because they have different audiences. The litigant wants to persuade the judge, who has the right to judge the case. Making his judgment, the judge maybe has to persuade everyone. But first of all, the judge should persuade the community of law, such as other judges, the prosecutors, the lawyers, the law scholars and so on. As a member who is also the owner of public power and the learner of legal knowledge, the judge has to balance the power and the knowledge in his judgments.Chapter five summarized the main thoughts of the full text. The legal knowledge develops in the process of persuasions. Restudying the tradition of Rhetoric, we open a new window in our law study.
Keywords/Search Tags:Identification, Persuasion, Knowledge, Rhetoric
PDF Full Text Request
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