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On The Development Of The Creativity Of Postgraduates

Posted on:2015-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:C HuangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The thinking mode of legal reasoning plays an important role in guiding mordernjuridical practice. Scientific and reasonable struture and argument are the premise ofconstruting good model of reasoning. Proof, laws and regulations and verdicts are thebasic elements of legal reasoning. The basic ways of legal reasiong is composed ofform and real reasoning.correspondence theory, coherence theory and pragmatismare avalable theories for instructing whether legal reasoning is ture or not or whetherit can be accepted as guiding ideology.The reasonable legal reasoning caters forpeople’thinking mode in certain social environment and prevent people frombreaking the law for selfish ends legally.It is necessary to dig the self-evidence of proofs,analyze and then find out thecorrelation between them. The last step is to filtrate the proof that is ture and has closeconnection with cases. Proofs is the foundation of leagal reasoning. Filtering andextractions of proofs directly influent the detection and justice. Therefore, it ineedscomprehensive analysis for the proofs in legal reasoing and correlation of proofs. Itcan’t be done hashly based on the superfacial connection. Laws and regulations arethe whole premise of verdict and directly influent the rationality of it andjustice.Avaliable choice of legal norms should consult the truth of the cases but wealso shouid beyond the limitation of the truth. That means it should take socialbackground, Legislative intent and people invovled in the cases, especiallypleadedguilty of criminal suspects into consideration. Therefore, in the process of proofargument and choice of law, it needs dialectic analysis. It should choose formalreasoning to argue and filtrate under the thinking mode of legal reasoning.Experienceand knowledge directly influent the different stages of law practice. Whether aconcept can be accepred or believed to be ture, it must be connected with our presentknowledge system.Therefore, coherence theory under our present knowledge can be the guidingideology. Law reasoning can’t seprate from language. The notion of alienation isdirectly influent our accurate understanding about concept and proposition.Particularly, in the process of form and real reasoning, the notion of alienation candirectly influent the accuracy and science of reasoning. In the process of law practice,in order to prevent the effect on law reasoning and verdict of it, we often apply basiclaws and rules of logical reasoning into and also use law to constrain the notion of alienation. So the two basic reasoning ways can be used freely in practice. Ifcoherence theory under our present knowledge can be the guiding ideology, it cancompose all element effectively. With comprehensive application of form and realreasoning and dialectic analysis, the thinking mode of legal reasoning is worthwhileto analyze further.
Keywords/Search Tags:legal reasoning, logical reasoning, laws and regulations, theory of truth, proof
PDF Full Text Request
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