Toulmin Argument Model Commentary

The science of law is a practical subject. The purpose of the science of law is not only for the need of self-perfection of law, but also for the need of practice. It is more important to do with the problems in the judicial practice-looking for the answer to the case and reasoning it to be operational, legal and reasonable. There is a good character of law holy. The holy character comes from the legal certainty, the neutrality of judge and the justice of judgment Once the law was believed to be objective, anyone can find justice. But it just is the happy memories. The law is not perfect and distribute. The life is so complex that the decisive law can not accord with the facts all ways. The judges are not perfect just like the judge whom made by Dworkin. The objective of law is moved, and the novel judges are pushed down by the law research workers. People must face the facts that the laws are not perfect and the judges are not auto-vending machine Whatever, the laws are the bases to form the public order. The law needs to be the law. The new cornerstone of the law and judgment must be found. Legal argumentation is the one of the results. It tries to describe the structure of judgment, by logical approach, rhetorical approach and theoretical discussion, and found a theoretical model which is opened and testable. The foreigner scholars have spent lots of time and heart It was only less than a century from the subject's beginning, but has been focused by many people.Legal argumentation absorbed some theories of philosophy and ethics (ethic philosophy). Toulmin's model cannot be ignored by the learners of legal argumentation. Though I think that I have not enough knowledge, still I try to describe the model and use it to the judgment and legislation.The essay consists of five departments. In the quotation, a brief account of Toulmin's life is described to show his influence in philosophy, ethics and logics. In the fist department, I introduce the Toulmin's model in sample, especially the model's main structure and the t(?)ninologies that are used in the model. The theory 'field-dependent' and 'field-invariant' is introduced in particular. In the second department, it is about of the influence of Toulmin's modeL for example to thinking of Alexy and Habermas. In addition, the influence in...