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A Study On The Argument Of Judgment In The Perspective Of Legal Rhetoric

Posted on:2018-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:M X LiFull Text:PDF
GTID:2346330518450532Subject:Law of logic
Abstract/Summary:PDF Full Text Request
Western classical rhetoric was born in the ancient city of Sicily Syracuse city,rhetoric art originated here in the court speech.Aristotle's in-depth analysis of rhetoric on the basis of rhetorical art in the study of court speeches,rhetorical skills of the wise school and the teacher's Plato's rhetoric,and extended the study of rhetoric to other fields such as politics,Making rhetoric in theory to obtain the first leap,but also for the development of later rhetoric laid the foundation.After several centuries of inheritance,rhetoric after several blows,but also in the storm to continue,to the modern through the joint efforts of several scholars,rhetoric rejuvenated.Such as Perelman's "audience theory" is the representative of the new rhetoric theory.There are also a large number of rhetorical strategies in the ancient Chinese judicial and judgment instruments.On the one hand,the rhetorical methods have rich cultural soil in our country's judicata,and on the other hand,we can draw useful rhetorical experience.Legal rhetoric is not a simple fusion of jurisprudence and rhetoric,but rather a focus on the use of rhetorical rhetorical methods to properly express the legal value of the audience to accept the purpose of persuasion.In other words,legal rhetoric is not only concerned with the use of rhetorical methods in the legal field,but also focuses on how to use the rhetoric method to achieve the effect of persuasion is the unity of the process of argumentation and persuasion.Legal rhetoric is widely used in the field of law,from legislation to justice in all aspects of its use,such as in the civil loan dispute cases in the implementation process,the judge can use the legal rhetoric to persuade the debtor to be a trustworthy person.As the basis for the implementation of various cases of the referee instruments,but also the main battlefield of legal rhetoric applications.This paper,from the perspective of legal rhetoric,is divided into five parts: the first part summarizes the development of rhetoric,summarizes the rhetoric achievements in the development process of western rhetoric,and draws the practical experience of rhetoric strategies in ancient Chinese judicial and judgment documents,in order to provide theoretical reference for legal rhetoric;The second part clarifies the concept of legal rhetoric,clear legal rhetoric is to study how to use legal rhetoric to achieve persuasion,from western rhetoric and Chinese ancient justice rhetoric strategies in search for ideas,and to build a legal rhetoric system.This part also studies the requirements of legal rhetoric and its limitations,for the specific application of legal rhetoric methods to provide a macro reference and risk warning.The third part discusses the background,significance and the content definition of the referee's reasoning,analyzes the present situation of reasoning,and clarifies the subject and object of reasoning.The fourth part mainly studies the application of the relevant theories of legal rhetoric in the reasoning of referee documents,first,through distinguishing the negative rhetoric and positive rhetoric,grasping the scale of legal rhetoric,and clarifying the language requirements in the application of legal rhetoric.Next,this paper discusses the legal rhetoric method in the meaning of the layout of the requirements of the referee document structure,and the audience theory of perelman application to the determination of the main body and object in the reasoning of the referee documents.Finally,under the framework of legal rhetoric,this paper discusses how to use legal rhetoric in the determination and legal application of legal rhetoric.The fifth part is the conclusion,under the premise of the main content of the above,to change the current situation of the referee documents and put forward their own suggestions.
Keywords/Search Tags:Rhetoric, Legal rhetoric, Judgment of the referee, Audience theory, Legal argument
PDF Full Text Request
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