The Study Of Dialectics In Law

Dialectics could be retrospect to ancient Greece. The sage of the past utilized dialectics in both daily life and theoretic research, especially Aristotle's dialectics, which exert a tremendous influence on afterworld. Dialectics have been bogged down for a while, but starting to be popular from 1950s. C·L·Hamblin is the first one to define dialectics as use of the context for argument research and he is also the first to use the words"formal dialectics"Frans Van Eemeren proposes a kind of more attention to the processing methods of practice, namely"pragma-dialectics". Douglas Walton combines C·L·Hamblin's formal dialectics and Frans Van Eemeren's pragma-dialectics, and then restores the balance of morphology's, semantics'and pragmatics'researches. In a certain extent, the contemporary revival of dialectics promotes the logic research to pay more attention to practice, pay more attention to the society and life, not only ensure our logic thinking, but also help the successful communication which is profoundly influence the development of logic. In contemporary times, fields of legal logic are being broadened, which cannot be covered by traditional formal logic. Informal logic is being the developing and studying direction of logic. Dialectics in the informal way of logic is showing a strong life right now.There is a long history of dialectics in China. Tracing back to periods in the Spring and Autumn and the Warring states, dialectics was extremely popular at that time. Both sides in arguments have showed their high level in dialectics. Kuei Ku-tzu and Intrigues of the Warring States are the best masterpieces representing the highest level in dialectics.The most important point in the paper is-legal dialectics, which is utilizing in law field, is an arguing skill and method in legal practices, is a part of legal logic. Legal dialectics is an act in court, convincing himself to judge and members of the jury. It includes proving and denying. Legal dialectics is a persuading dialectics using in court to get a right, legal and impartial judgment in ways of rules and facts. Legal dialectics is based on fact and rule, applying to several periods, such as issue, court investigation, court argument, closing statement by defendant. Furthermore, legal dialectics should be covered in proceedings, arbitrations, negotiations. Court arguing is the keenest field in legal dialectics, which means an indispensable section in hearing. Prosecutor and defender are debating on facts, characteristics and findings of law of disputes, who are trying to prove own self and refute other sides, convincing the judge from his angles. Legal dialectics is a crucial foundation of a lawful judgment, meanwhile broadcasting the value of law to people who attended. Although the prosecutor and defender are holding totally different or controversy argument, their aims are quite similar, which are investigating the case profoundly , analyzing the facts carefully, choosing an appropriate law rule, reasoning an acceptable decision, and then administering to the dignity of law and their legal interests.Legal dialectics is a practical subject with a huge significance. It holds advantages to fact-finding, responsibility-distinguishing, case-resolving; it is favored for safeguarding party's interests and society's stability and unity. At the same time, it deepens the researching field of legal logic, enriches its theory. At last but most importantly, legal dialectics promotes legal logic turning to juridical practice, adding more material legal contents to legal logic.