A Tentative Study On The Theory Of Legal Argumentation Of Robert Alexy

The theory of legal argumentation is in a certain negated and broken through the traditional justice theory.To the 20st century,people recognize that in many cases the traditional form of reasoning should be questioned. The judges should not get the judgments just through the law and the facts of the cases.The judges should select and explanation the legal provisions. But to maintain the authority of the law and the stability of social relations, such discretionary power also need to be limited.The theory of legal argumentation is precisely such an award of legal legitimacy and the legitimacy of legislation to legislation to permit the process:only those legal arguments procedures can demonstrate that their legitimacy and the legitimacy of the legal ruling likely to be voluntary to accept and perform better.In the past decades,the theory of legal argumentation has been developed very fast.There have been so many books and articles about the the theory of legal argumentation come out.And the theory of legal argumentation has become the rationale for some of the important topics of the Conference of the Philosophy of Law.The theory of legal argumentation of Robert Alexy is the important results in this filed.The contribution and the shortcomings of the theory of legal argumentation of Robert Alexy are also the contemporary scholars for further study.Just because of the important of the theory of the legal argumentation of Robert Alexy,this article intends to give a brief introduction of this theory,and evaluated its contribution and the shortcomings.In the first chapter of this article,I will give a brief introduction of the emergence of this theory. In the second chapter of this article,I will talk about the theory of legal argumentation of Robert Alexy.In order to resolve the normative questions of certification legislation,Alexy discussed about some of the theory,and proposed the theory of the general practical discourse.And he proposed the theory of the legal argumentation on this basis.In the third chapter of this article,I will discuss the contributions and shortcomings of the theory of the legal argumentation of Alexy.