Legal Argumentation, Logical Analysis

Nowadays ,legal argument theory has been an important research subject in general argument theory, jurisprudence. It is the reason of the rise of the people's democracy consciousness that the judicial decisions' validity and acceptablity is asked for a higher level . From the 1970s , after legal argument theory was a new trend of thought of juristic theory , juristic scholars drew lessons from the achievements of practical phylosophy, metaethics, modern logic, pragmatics, argumentation theory and reserch out some legal argument theories with practical valid . The theory of procedural legal argumentation and the theory of pragma-dialectical legal argument are the outstanding representatives in them .As a traditional means with the longest history , logic means discovers the moral principle of universalizability and the legal principle of isonomy . Howerer people use this means more rigescently , so that the law-decided idea which is the legal thinking model which separated from the social reality comes out , then the conflict between the legality and validity of the legal decision is caused . Therefore , scholars raise a lot of solutions , one of which is the practical argumentation theory which based on the consensus theory of truth, practical reasonality and so on . The practical argumentation theory can solve this problem .Today , the legal argumentation theory is beyond the stage which the formal logic is only used to rebuild the legal argument , for example , the theory of pragma-dialectical legal argument appears . This theory is used to analyze the legal argument totally through all the factors...