The Legal Reasoning And Evidence Of Detective Fictions

Logic reasoning and the use of evidence have been the popular topics in the field of jurisprudence,for they are not only related to legal theory but also to the study of methodology.With the establishment of the rule of law,logic reasoning has become an important instrument which makes the values of law come true.For the study of logic reasoning,legal scholars often combine specific criminal cases with penal system,however,there is little research involved in the logic reasoning in literature.My thesis combined the basic theories of law science with the famous novel Sherlock Holmes and aims to analyzing logic reasoning and application of evidence in detective fictions,which is divided into six parts:Part ?:The theory of legal reasoning.Firstly,the evolution of legal reasoning,it contains the history of Ordeal and the formation of the legal reasoning system;secondly,the main patterns of legal reasoning,such as the deductive reasoning?the inductive reasoning?the anagogic reasoning and so on.Part ?:The application of legal reasoning in the detective fictions.This part includes the application of the deductive reasoning,such as the application of the syllogistic reasoning?the hypothetical reasoning and the disjunctive reasoning in the detective fiction.;the application of the inductive reasoning,applying the general inductive reasoning and the Mill's Five Canons to the detective fiction;the application of the analogical reasoning to the detective fiction;the application of the hypothesis reasoning in the detective fiction.Part ?:The theory of criminal evidence.It includes the main classifications of the evidence,such as the theoretical classification and the legal classification.It also discusses the relationship between evidence capability and the probative force of evidence;the final part expounds the collection and examination of evidence.Part ?:The application of the evidence law in detective fictions.This part includes the application of three pairs of evidences in detective fiction,they are the direct evidence and the circumstantial evidence?the testimonial evidence and the tangible evidence?the original evidence and the derivative evidence.Part ?:Relationship between the evidence and the legal reasoning is inseparable.Firstly,evidence is the precondition and the instrument of legal reasoning,evidence is the support and certification of legal reasoning.Secondly,legal reasoning guides the application of evidence.Part ?:The detective fictions have great significance to the juridical practice.Firstly,the differences between detective fictions and the juridical practice,it includes the subjective reasons and the objective reasons of the differences.Secondly,the legal value of the detective fictions.The detective fictions intensify the legal popularization and make a contribution to the legal education.