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Discussion On Logic And Methdology In Argumentation Acceptance In Court

Posted on:2010-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:F YuFull Text:PDF
GTID:2166360275979215Subject:Logic
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Argumentation acceptance in court refers to the process in which acceptor accepts the evaluation and then chooses the attitude toward accept-to-be objects in court argumentation. It's on the platform of legal argument activities and on the basis of argumentation logical thinking, reflecting the characteristics of internal logic and methodology of this special accepting action.This article explores Argumentation acceptance in court on the basis of logic methodology and law thinking methodology .It not only explores the acceptor, accepting content, influencing factors ,how the acceptor accepts in court argumentation, but also explores the rational attitude of accepting subjects and acceptability of objective factors from the angle of pragmatics.The first part discusses the connotation and characteristics of Argumentation acceptance in court. Firstly, it analyses the meaning and elements of Argumentation acceptance in court. It points out that Argumentation acceptance in court refers to the action in which acceptor forms his attitude toward accepting content on the basis of argumentation process in the court. It includes the acceptor, accepting content, influencing factors , accepting process and so on. What's more, it analyses characteristics of Argumentation acceptance in court, for example, restriction of accepting subjects, specialty of accepting objects, complexity of applicability, certainty of result, timeliness of action ,with the emphasis of particularity of Argumentation acceptance in court.The second part discusses influencing factors in Debating Acceptance from the angle of pragmatics, including content legality, logical effectiveness, and situational choice. As to content legality, it points out that content correction, procedure legality and appealing reasonableness out of court should be guaranteed. As to logical effectiveness, it analyses the logical structures, methods and rules of court argumentation. As to situational choice, it focuses on discussing the situational factors of accepting subjects and persuasion effectiveness of court argumentation.In the last part it explores the methodology through which the accepting subject chooses his attitude. The acceptor should have a objective and fair evaluation before acceptance and realize that Argumentation acceptance in court is a unity of certainty and difference. The certainty of Argumentation acceptance in court presents as a unity of logical effective internal justification and correct relative external justification, as well as proper control of situation choice and persuasion ability. The difference of Argumentation acceptance in court reflects in the aspects of accuser's posterior probability, the accused's partial support and the judge's high probability. The unity of certainty and difference should be shown in the acceptor's attitude, that is, on the principle of judicial justice, the acceptor should insist on accepting certainty without rejection to accepting difference. On the basis of certainty, difference should be shown .only when people unite them rationally, the accepting action can be performed scientifically and reasonably.
Keywords/Search Tags:Logic, Methodology, Argumentation in court, Acceptance
PDF Full Text Request
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