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Administration Of Justice And Rhetorical Argumentation

Posted on:2011-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2166360305982409Subject:Law of logic
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Syllogistic reasoning as a way of thinking logic study law, initially grasp the objective reality of human contact and spontaneous way of thinking, self-made theory of Aristotle's syllogism, the evolution of adult classes consciously grasp the laws of their own thinking, when the lessons learned. Aristotle through the characterization of the cell and type out the syllogism and inference rules, to ensure its "must produce the" essential characteristic. From the syllogism syllogism is the process of judicial ideology-oriented product of history. The universality of the administration of justice, openness, fairness demands and syllogistic reasoning there is a natural fit, combined with the rationalist thought, driven by the "codification" activities, judicial syllogism has gradually become the dominant mode of administration of justice. Syllogistic reasoning, but also in the administration of justice has limitations, the choice and interpretation of legal norms, the legal facts are the judicial syllogism type structure that can not be demonstrated, the administration of justice in the value judgments more, it is syllogistic reasoning produced a huge shock. Under the guidance of these issues, this paper aims to try to use rhetoric in the rhetoric argument syllogistic reasoning methods to compensate for focusing only on "the form of legitimacy" and ignore the "substantive reasonableness" defects.Rhetoric from the Croax and his student Tixiesi Tisias was founded by Protagoras, Gorgias, Plato and others continue to perfect, in Aristotle enjoy significant development. Medieval and Renaissance Rhetoric major inherited the tradition of classical rhetoric, especially rhetoric Cisse system, while being addicted to the obvious religious overtones. Rhetoric from the specialized areas of education schools into secular monastery, mainly used in letters rhetoric writing, prose, and religious sermons. The new rhetoric of the 20th century, a renaissance by the educated, the study of rhetoric in the political life range from the traditional orientation of the symbol of everything the medium of social interaction activities, involving the use of symbols in all circumstances. New Rhetoric has been neglected not only the revival of dialectical theory, but also proposed a "situational" theory, and to psychology, linguistics, motivation studies, behavioral science research applied to the field of rhetoric, so that rhetoric has become an effective use of words, then a comprehensive linguistic theory.Rhetorical argument as a proof method, its theoretical background is the rhetoric of Western thought, from a number extracted from the rhetorical theory, theories of rhetoric is the rhetoric of the cradle. Its main contents include: Aristotle's three kinds of arguments to convince the means: Ethos, Pathos and Logos, Burke's "identity" theory, Perelman's general audience theory and argumentation skills, Toulmin practical demonstration model, the validity of Habermas's speech act request. Through the study of Western rhetorical theory of argumentation with the conclusion, this paper outlines the basic structure of the rhetorical argument: rhetoric is a carrier medium of words for the demonstration started, the different rhetorical argument argumentation methods are emphasized the role of rhetoric carrier; convincing is the goal, rhetorical argument rather than aiming at the authenticity of the proposition and the deduction process, right or wrong, but rather the argument advocated by credibility and acceptability; value judgments is the basis, rhetorical argument about the content, the content is often not the truth knowledge, but the value-oriented views, ideas. ; Rhetorical rationality is the criterion, which guarantees the rhetorical argument convincing, rational argument from the rhetoric is often reduced to a "perlocutionary" and trickery.Rhetorical argumentation is a kind of probability field demonstration method is the technical level of the operating mode of thinking, but its meaning is not among the speculative, but because of practice guidelines and guidance. The introduction of the administration of justice rhetoric proof method, you can make up for deficiencies in the traditional method of syllogistic argument. Field-oriented argument rhetoric particularity of the specific situation is concerned about the demonstration method, probability plays an optimized practice areas, and permits into a choice role. To rhetorical argument as a syllogism method a useful addition to enable the administration of justice at the same time have the advantage of the form and substance of the argument. For many difficult cases, the use of syllogistic method appeared to be inadequate, while the rhetorical argument provides a unique perspective and methods. In the administration of justice in the use of rhetorical argumentation methods, help to create an atmosphere of equality referee, to build good communication channels, improve the referee's argument process, to establish judicial authority, propagation method value. In the administration of justice in the use of rhetorical argument, the judge made a higher demand. Included in the ideological level, the judge would have to abide by the principles of justice, rule of law concept, the external behavior level, the judge can not go beyond the boundaries of legal norms. Both are integrated in the practice of improving the quality of judges required them.
Keywords/Search Tags:Administration of justice, Syllogism, Rhetoric, Rhetorical argument
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