The Persuading Theory Of Legal Rhetoric

Nowdays, it has formed the socialist legal system which suggests that on the one side the constrction of the rule of law in China has the basic regulations to comply and on the other side the perspective of jurisprudence has changing from legislation to the judicial. During the study about the judicial,legal rhetoric is attracting more and more people both the judiciary from the judicial practice field and the experts and scholars from the theory side who not only construct the jurisprudence theory but also analysis in the department. The reason is that, on the one hand, the law itself has "the attribute of rhetoric" and reflect as a value concern of people as a product of human reason,and on the other side the basic of legal rhetoric is law thinking. The two proposition of "As the rhetoric of the law" and "Making The law as a rhetoric" perspectively suggest the "factual" and "specifical "properties of law. Rhetoric method is no longer a simple words, but the persuasion intersubjectives by the constrcting of premise and form about argument. The rhetoric method makes up for the mechanical passive and the absence of value of the legal interpretation and the legal logic and pursuits the "acceptability" on the basis of legitimacy and rationality to achive the persuade of judicial.This paper is mainly from the following two parts and the first part includes the first and the second chapter of the article. The first chapter is mainly about legal rhetoric’s connotation and argument nature which support the theory of rhetorical persuasion and fit the "acceptability" perspective of judicial; The second champer analysis the mean and value of judicial of the persuade theory about the legal rhetoric from the perspective of legal method, which suggests the goal of the rhetorical methods is to achieve judicial judgment reasoning. The second part is the main part of the paper which analysis and expounds the persuade theory about the legal rhetoric in detail. This part Chose the angles of" the premise and type of persuade "and " the subject and the consensus"that respectively corresponding chapter third and four. The third chapter analysis the premise of true and acceptable and conclude that the ideal and unreality of ture, pointing out the premise of "acceptable" in informal logic structure applied by the rhetoric argument constitute the basis of the persuade theory about the legal rhetoric together with the "abolished" type; The fourth chapter construct the field of rhetoric through the classification analysis between the justical subjects and the intersubjective consensus. It is legal rhetoric’s features to distinguishing different audience and taking different pursuade ways,and the consensus reached between different subjects not only embodies the law rhetorical persuasion, but also the humanistic value of the judicial process; This chapter also analyses that the rhetoric argument itself is "pragmatic effectiveness" of the process of implementation. The attention to the context and the emphasis on intersubjective consensus are kinds of language persuasion to perfect the construction of the persuade theory of legal rhetoric.