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Toulmin's Model Of Argument And Cross-examination At Court

Posted on:2018-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q RenFull Text:PDF
GTID:2346330518950534Subject:Law of logic
Abstract/Summary:PDF Full Text Request
All the time,Logic is dominated by formal logic.In this case,Toulmin's law model to propose a new model,open up a new road for the development of logic.And,This model is based on the analysis and test.Compared with the traditional method,this model is more practical.The cross-examination at court,is the legal form and the necessary procedure of court trial,which is indispensable in the process of reviewing the validity of evidence.However,the provisions in the interrogation procedure in court on the procedure law of various countries are vague.There is no unified opinion in the theory,practice is also a different approach,a serious impact on the court's normative,effectiveness.With the development of informal logic,Toulmin's model in teaching,law and other fields are widely used.As a generalization of the law,the application of the model in the field of law is particularly prominent.But the use of Toulmin's model of argument is speak generally from the macroscopic aspect,it is not for specific use.Through data analysis and comparison,I think there is a similarity between Toulmin's model and the court cross examination,and to solve the traditional problems in the process of court testimony.Therefore,it is necessary to explore the mode based on Toulmin's court testimony.This paper mainly focuses on the use of Toulmin argument pattern in court testimony in the discussion,the following is the idea of writing this article:This paper is divided into three parts.The first part mainly introduces cross-examination at court and mode.Firstly,introduces the academic definition of the concept of court testimony and cross examination of the elements of the court;secondly,introduces two traditional cross-examination model;finally,the court cross examination of the content.The second part mainly introduces the Toulmin demonstration mode and its basic content.Firstly,introduces the background of Toulmin's model of argument;then introduces the theory of soil the argumentation mode--<The Uses of Argument> and introduces the structural elements and the dynamic pattern of the demonstration mode;finally,focuses on the comparison with the traditional syllogistic reasoning mode,highlighting the Toulmin's model of argument advantage.The third part mainly discusses the Toulmin's model of argument to cross-examination atcourt.Firstly,demonstrates the possibility of Toulmin's model is applied to the court evidence;secondly,introduce the specific case describes the use of Toulmin's model of argument in court evidence.Finally introduced Toulmin's model used in court questioning the meaning of.
Keywords/Search Tags:Toulmin's Model of Argument, Argumentation, Cross-examination at Court
PDF Full Text Request
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