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The Audience Theory And It’s Application In Law

Posted on:2015-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:N LiuFull Text:PDF
GTID:2296330467966317Subject:Law of logic
Abstract/Summary:PDF Full Text Request
Research on the audience theory was from the classical rhetoric and the earliest studiesof the most outstanding representatives of Aristotle. Later, Perelman Following Aristotle’sRhetoric theory, development theory audience, Especially to let the audience concept to bemagnified. During Perelman period, the audience theory has been more mature.For audience, it is the speaker in the demonstration process of trying to influence people.Audience theory is in terms of perspective from the audience during the debate, the speakerdiscussed how to make their point of view supported by the audience, and therefore has areasonable and acceptability. Audience theory refers to a specific audience ideal audience, agroup can reach a rational consensus groups, who can comply with rational arguments, andrational and reasonable to accept the arguments put forward in order to prevent the emergenceof some passionate orator and demagogue. For example, in legal practice, whether it is theideal audience specific legislative process, or the process of the court or justice debate arefacing the majority of legal scholars or rational person with knowledge of law. If each processcan get their support, then legal practice will be perfect.There are two dimensions to convince, Firstly,“the ability to persuade discovery” fromAristotle and Perelman’s opinion. Secondly, the ability to use persuasion, rhetoric that facedthe audience, with their own theories to convince the audience of the process. These twoprocesses audience have great value in theory.“The fundamental purpose is to convince thejudicial logic”. The practice of law is a process full of persuasion and anti persuasion, theaudience theory to the practice of law, whether it is for a lawyer to make a persuasive defense,or the defendant made a strong final statement condensed, or judge the acceptability ofwriting referees, etc. are of great benefit.There are three sections in this paper.The first section: History of audience theory. This section describes the theory of rhetoricand rhetoric from Aristotle and Perelman. In Aristotle’s Book—“rhetoric” discusses theposition of the audience and analyze the audience emotional. Perelman emphasis on analyzingthe audience has an indispensable role in the study of the humanities, the audience is dividedinto general audience, listeners and self-audience.The second section: Audience and Audience theory. This part is the theoretical part in this paper, By drawing on Aristotle and Perelman theory for audience research and referencevalue in the television audience, advocacy and speech, summed up the concept and content ofaudience theory, Divided the audience theory into the process of argumentation theory andconvince the audience in the process of theory.The Third section: Audience theory in legal practice, this part is the significance of thiswriting. Combined with specific cases, focus on the theoretical analysis of the audience in thecourtroom, the defendant final statements and the administration of justice in the applicationof methods and instruments effects to illustrate the theoretical value of the audience in thelegal practice.
Keywords/Search Tags:Rhetoric, New Rhetoric, Audience Theory, Persuade, Legal Logic
PDF Full Text Request
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