The Principle Of Legal Argumentation

Coupling with the attention to legal methods, the study about legal argumentation is going deep into bit by bit. Legal argumentation come forth from the contradiction of legal interpretation is a theory stick up to ruling by law. All kinds of situations is confronted by interpreter will be treated as clues of this article. We will bring forward four principles that conclude consistency, coherence, acceptability and generalization. At the same time, we will answer some questions lodged by other people, and explain the sense of principles of legal argumentation to the correctness of judgment.In preface, we bring forward principles of legal argumentation from the variety of legal interpretation. Firstly, legal argumentation will be drew out from the contradiction of legal interpretation, and then, the four principles will be presented according to the variety of legal interpretation.Consistency is in the first chapter divided into two parts conclude interior and exterior consistency, the former will be considered in every case while the later not. Judge will do nothing more than interior consistency argument when legal provisions are tangible, and besides, he will argument exterior consistency when legal provisions are intangible.Coherence is in the second chapter explains the legal value's compare by legal principles when rule conflict with rule in case. This chapter is divided into three parts. In the first part, the meanings and purposes of coherence will be explained. In the second part, the integral value will be realized by comparing legal principles. In the third part, we will explain the essence of principles' contradiction and then transit the next chapter.Acceptability is in the third chapter mainly review how many factors influence acceptance of judgment from the view of social effect. Audience and consensus are considered in the acceptance of judgment. In order to attain optimum efficiency of persuasion, the judge should select different consensus in the light of different audiences, and at the same time, use proper rhetoric methods.Generalization is in the fourth chapter. Correct judgment will be perennially accepted. Preventing from judge' arbitrary, generalization will be the basis of correctness. This chapterconcludes the meanings, purposes and specific requirements of the principle of generalization, and we will explain that there is no contradiction between generalization and material justice. In the part of conclusion, we explain the relations among the principles of argumentation, and that if the judgment after argumentation is able to meet the requirement of correctness.