Reconstruction Of The Form Of Legal Reasoning Under The Perspective Of Speech Act Theory

Reasoning research is the center of logic, so legal reasoning is the core concerns of legal logic. When usually using the concept of reasoning, we contain a proposition is accepted as true, means that the proposition prior acceptance as a premise is true. As norm itself is neither true nor false, in the sense of the term of norms, the derivation between them is untenable. The logical system established by norms as premise has not universally been recognized as the theoretical propositions of formal logic system.British language philosopher Austin (J L .Austin) as the originators of "speech act theory", proposed and studied speech act theory in detail clearly, thereafter his student the famous American philosopher of language analysis John Searle revised and developed this theory, and it get further extensive and important influence. Sale inherited modified and developed the theory of Austin, then established a more complete and systematic theory of speech acts. From the perspective of speech act theory, analyze the possibility of reasoning between illocutionary acts and the logical nature of the premises and conclusions of legal reasoning, deconstructing the legal reasoning in a whole new way of understanding, as a way in interpretation of the norms inference in the meaning of pragmatic. The discussion in this article is expanded from the following parts:PartⅠ: Overview of Speech Act TheoryThis section first briefly introduces the history and philosophical background of speech act theory, and the purpose and significance of speech act theory proposed by Austin. And then by comparing elaborate the content and classification of Sale's speech act theory systematically, main detail illocutionary act and its classification.PartⅡ: Traditional Logic Structure of the Form of Legal ReasoningThis section first analyzes the traditional meaning of legal reasoning and its classification, and then redefines the form of legal reasoning as the logical form of legal reasoning. After that analyzes the model of the form of legal reasoning in propositional theory-norms inference, the nature of legal norms and several forms of norms inference, and point out the lack of them.PartⅢ: The Logical Reconstruction of the Form of Legal Reasoning under the Perspective of Speech Act TheoryThis section analyzes legal reasoning combination of Sale's speech act theory, in particular the illocutionary acts. First analyzes the possibility of logical form reasoning between illocutionary acts. And determines some rules of such reasoning, and then analyze the legal reasoning under the perspective of speech act theory to reveal the nature of the premises and conclusions of the legal reasoning, finally, on this basis presents the model of the form of legal reasoning.PartⅣ: ConclusionThis section based on the research of legal reasoning, proposes the significance of the reconstruction of legal reasoning under the perspective of speech act theory.