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The Instrumental Rationality And Value Rationality Of Legal Argument

Posted on:2018-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:H W LiuFull Text:PDF
GTID:2346330518450533Subject:Law of logic
Abstract/Summary:PDF Full Text Request
The theory of legal argument rises in the second half of the 20 th century and acquires important development.It contains a lot of details.It inherited a lot of traditional logical thoughts and fully absorbed and draw lessons from philosophy,rhetoric,modern logic,ethics and so on.Building up a lot of theories that have theoretical and practical value.It has become a very important subject.The target of the legal argument is to obtain a reasonable and acceptable conclusion.To evaluate the rationality of the legal argument is a multilevel system engineering.Stephen Toulmin said that if you want to study in practice.You should be studied from formal logic to the judicial field.Because in the field of law,the rationality of the legal argument not only depends on the form,but also depends on other multiple levels.The instrumental rationality of the legal argument means the effectiveness of the form.The connection between the premise and conclusion of the legal argument is logically inevitable.The rationality of the legal argument is based on the standard of form.The pursuit of instrumental rationality has an important significance in the legal argument.It can provide the basic framework and patterns of the reasoning process.And guarantee the certainty and legitimacy.To a certain extent,inhibit the judge's wanton bahavior,justify the judicial process,and provide a impartial platform for the legal argument.However,the instrumental rationality also has its shortcomings.This shows that only pursuiting the instrumental rationality is not enough.It also needs the value rationality to make up for the deficiency.The value rationality of the legal argument means the rationality of essentially.Pursuiting the rationality and acceptability of the conclusion.There are both connection and difference between them both.The actual application is conducive to realize the legal equity and justice and build a harmonious society.The article consists of four parts:The first part is to introduce the theory of legal argument.First introduce the basic concepts.Then differentiate the concept of legal argument,legal reasoning and legal interpretation.Finally introduce the approach of legal argument.The second part is to introduce the instrumental rationality and value rationality.Discuss the relationship between them both.The third part is to rethink the application of the instrumental rationality and value rationality.Introducing the limitations of them two to propose the fusion of themThe last part is to introduce the application of the instrumental rationality and value rationality in the legal practice in our country.
Keywords/Search Tags:Legal argument, Instrumental rationality, Value rationality
PDF Full Text Request
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