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A Study On The Theory Of Chaim Perelman’s Legal Argumentation Of New Rhetoric

Posted on:2013-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:X F ChenFull Text:PDF
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The new rhetoric is a practical discipline, reveals the basis of rational thought as theanalysis tool. Judicial area is the ideal place for the new rhetorical to apply. Perelman’spoint of Informal logic and the study on the rational provides a new perspective for us tostudy the legal logic and legal argumentation. It promotes the legal reasoning to apply tothe legal field.In the paper we described the rhetoric that use the revival of rhetoric as thebackgrounds; we explain Chaim Perelman’s new rhetoric of legal argumentation theory.The article describes the characteristics and historical conditions of the New Rhetoric as astarting point. I mainly analyze The New Rhetoric’s legal argumentation types andaudience theory, Finally, I generality discuss the value of the theory of Chaim Perelmanand objectively evaluate two aspects of scientific and limitations about this theory.The paper firstly studies on the backgrounds and introduces and streamlines in detailthe backgrounds of present situation of domestic and foreign about Perelman’s rhetorictheory of legal argumentation.On the basis of introducing Perelman and his rhetorictheory, the paper focuses on describing the characteristic of the rhetoric. The paperintroduces this legal argumentation from the two parts, the one hand is to introduceaudience theory, and the other hand is to analyses techniques of liaison and techniques ofdissociation. At last, the paper evaluates the theory from the horizontal and verticaldirections and analyses the value and impact of this theory.The paper studies this theory on the basis of three objects, they are logics, rhetoricand law, opening up a new perspective to study the legal argumentation. The paper is topromote the development of law and logic, to cause the new thinking.
Keywords/Search Tags:rhetoric, new rhetoric, audience theory, theory of justice, legal argumentation
PDF Full Text Request
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