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Rhetoric And Its Application In The Mediation Of Lawyer

Posted on:2015-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:J H PengFull Text:PDF
GTID:2296330467966305Subject:Law of logic
Abstract/Summary:PDF Full Text Request
In China, the work of lawyers is often misunderstood as a “court ", but in fact, not onlyhas the business litigation lawyers, as well as non-litigation. One important part of thebusiness as a non-litigation lawyer, lawyers’ mediation has become an important direction ofdevelopment in today’s world of judicial practice. Lawyers Mediation is ADR (alternativedispute resolution) one, whose purpose is to provide a non-litigious dispute resolutionmechanism more efficient. Compared with other mediation system, as facilitator of attorneynot only has complete knowledge of the law, but also in terms of dispute resolution also hasextensive experience, they can more quickly and more effectively deal with disputes, resolveconflicts. Lawyers Mediation also has a lot of special value, such as professional values, trustvalue, social value.In China, although lawyers mediation system developed rapidly, but in his own latedevelopment, the foundation is weak, the whole system is still not perfect, the theory is veryscarce, which leads in practice, lawyers often lack the guidance of theory, had to face manyissues, such as how to effectively intervene, how to obtain the trust of the other party, how toimprove the persuasiveness of lawyers of the parties, how to communicate effectively inmediation, the two sides on how to better resolve conflicts and disputes.Based on the above reasons, I hope the use of rhetoric graduate theoretical knowledgelearned to solve some of the problems encountered by lawyers in practice, using theory toguide practice, and then fed back into the theory through practice better. However, due to theability of the author, this article will focus on how research priorities will be applied to thetheory of rhetoric to convince lawyers mediation activities, in order to " how to get the partytrust, how to improve the persuasiveness of lawyers, how to communicate effectively inmediation " these three issues provide a solution ideas and architecture.Many theories of rhetoric have an important role in the mediation lawyer, but because ofspace constraints, the author was selected three Aristotelian theories of persuasion andaudience Kenneth Burke and Perelman.The first is to convince the three classical Aristotelian ways. The first is caused by thespeaker’s character, and the second is to make the listener is in a certain mood caused by the third is somewhat evidenced by speech seems to have proven itself or caused."This isAristotle proposed to have succeeded in persuading the artificial means-to resort to character(ethos), resorting to emotion (pathos) and appeal to reason (logos).The second theory is the audience, including the theory the same theory of KennethBurke and Perelman’s universal audience and the specific audience. According to Burket’sview,"Rhetoric is symbolic (language) to induce cooperative behavior. Rhetoric no doubt isbased on the basic functions of language." Core terminology of classical rhetoric is topersuade, but the core of the new rhetoric the term is "the same." The same is also the startingpoint for the purpose of persuasion. Burke believes the essence of persuasion is a recognizedexchange. Orator to find ways to make the audience with their resonance, resonate inrecognition of their common aspects, as is when the audience with their point of viewcontrary to remain in the trust itself. In other words, the speaker’s aim is that when there arecontradictions between the two sides view the audience still identify themselves.Perelman The audience is defined as:"For the purposes of the speaker with his rhetoricof hope to all people affected by the argument." Thus, the concept of Perelman’s audienceincludes not only the fact that people are listening to the speech, but also all human beings,which is a kind of inner vision orator on the audience. Based on this, the audience Perelmaninto two categories: general and specific audiences audience.In the article, the last part, the author of the ever handled a case for how the rhetoricaltheory to practice mediation lawyers conducted a detailed analysis.
Keywords/Search Tags:Dispute Resolution, Lawyers Mediation, Rhetoric, Persuasion, Ethos, Pathos, Logos, Audience Theory
PDF Full Text Request
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