The New Method Of Topical Jurisprudence And Its Application

The theory of topics which is also an important supplement to thetheory of logic was first clarified by Aristotle in his Topica, whereas Cicerofurther showed how can the theory of topics combined with legal cases putinto practice in his book with the same name. As a kind of enlightenment oflegal method, the basic principle of Cicero's legal case application issimilar to Viehweg's view nowadays, which is topical jurisprudencedeveloped from rhetoric to form a new directory system of topicaljurisprudence in multi-dimension. Therefore, the method implicated inCicero's legal case application combined with the theory of topics can becalled Cicero's method of topical jurisprudence as well.As a practical science, law is conceived by the soil of social life andfeeding back so as to develop society. As a method of topical jurisprudenceapplicable to the slavery society, Cicero's method of topical jurisprudenceobviously cannot undertake the task of complying with modern society.Thus, the new method of topical jurisprudence with values evaluation isready to come out. Compared with original method of topical jurisprudence,the new one with two new steps as follows: firstly, discussing on the variousvalues around vulnerable problem at hand by analyzing and synthesizing,that is to say, ranking the external values such as ethics, interest accordingtheir importance; secondly, placing the conclusion of analogy andequivalent replacement in the background of values such as ethics, in orderfind out the conflict parts and correct original topics directory accordingthe characters of the conflict parts.Then this lecture analyzes two Toulmin Models corresponded to twomethod of topical jurisprudence above. Cicero's method of topicaljurisprudence, whose simple basic framework has been generally formed,corresponded to the model lack of values evaluation. It was applicable tosociety with simple structure well in an early period, but is not applicablethe complex situation of society nowadays. While, the new method oftopical jurisprudence corresponded to corrected model with valuesevaluation, which is applicable to various situation in the society nowadays better.Furthermore, this lecture makes it clear that the philosophical premiseof the new method of topical jurisprudence is pragmatism and how it affectsthe new method of topical jurisprudence. Pragmatism focuses on"whateffects can be imagined", upholds"a kind of attitude of acquiring adirection", and probes further into the truth matching the flowing"facts".That's a scientific spirit, which makes the new method of topicaljurisprudence keeps pace with the times as a result of matching the realityof flowing society.Finally, this lecture describes how to apply the new method of topicaljurisprudence to the judicial and detection practice, in order to enlightenthe further development of interacting practice with theory of the method oftopical jurisprudence.