Mencius Argument And Its Application In Legal Argumentation

Legal debate is an important part of legal methodology, however, theory of legal debateresearch also has limitations. Current legal profession generally attaches great importance tothe substantive laws and procedural laws, but ignores other legal theories, along with theprosperous development of the society and the rule of law construction advancementspeeding up unceasingly, can only continue to complete our legal theories to adapt to therapid development of society. This article focus on Mencius’ Argumentation theory, finds thegood points of legal debate, through Mencius’ Argumentation theoretical model and theexamples to discuss the value of legal debate.In this paper can be divided into two parts. The first part is the theory of menciusargument, including the first, second, third, fourth headings. The second part introducesmencius controversy and legal argumentation, the article fifth title. The first part introducesthe background of theories on mencius controversy from the perspective of theoreticalknowledge process, including debate language, reasoning methods and argument,analyzesthe theory of mencius argumentation in four perspectives. As the Confucian "first debater",Mencius’ skill of Argumentation is amazing, but the soul of mencius argument is always thethought of "benevolence". Mencius carried forward the theory of "benevolence", which heinherited from Confucius’, and finally made it become moral standards of society.At the beginning, the second part combs the legal argumentation theory, then combinesthe beneficial ingredients of mencius argument theory with legal argumentation. This sectionintroduces the main approaches of mencius controversy, such as quoting, parallelism, fables,also focused on the application of Metaphor in legal argumentation. In addition, menciusargument strategies are also beneficial to legal argumentation.