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The Perspective Of Dialectical Materialism Legal Argument Standard Research

Posted on:2013-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2246330371985977Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
As people focus on the legal method of continuous improvement, the theory of legal argumentation as an important area of research is constantly developing and obtained an important position.However,in our country,the study about legal argumentation is only in recent years. As a theoretical pursuit for the legitimacy of constitutionality, legal argument carries an important mission that to seek a method of to realize the achieve justice of judicial andsocial justice.So the Legal argumentation strengthens the rationality and acceptability of judicial,as a hot issues to research in recent years, a scientific and rational demonstration system to a large extent determines the legal reasoning can give full play to their functions.On the basis of this article in the discussion on the theory of legal argumentation, oriented by the acceptability of judgments in judicial practice, on the approach to the study of legal reasoning, operating modes, such as analysis, in order to build an acceptable theory basis for legal reasoning system. As awareness of the world’s most universal method of dialectical materialism, materialist dialectics law is natural law and the law of development of human society is also know. Acceptable legal reasoning system plays an important role in the process, mainly reflected in the laws of materialist dialectics in legal fact card, legal norms in which permits vertical and on consistency between the two certificates of State role in the process.The purpose of legal argument is to provide an acceptability reason for the administration of justice. To accepted by the people, a judicial decision must have the objectivity, and the realization of the objectivity requires the truthfulness of legal fact, the legitimacy of the laws and the conform to the laws.This commitment to the integration of Marxist philosophy and jurisprudence, in the judicial process in the construction of a legal demonstration run reasonable standards, by using the method of demonstration, of realizing the magistrate impartial, show the target of the rule of law. This legal argument and implement judicial practice has certain positive significance.
Keywords/Search Tags:legal argumentation, materialist dialectics, legality, rationality
PDF Full Text Request
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