A Study On The Pro And Con Arguments In Legislation

Pro and con arguments is an argument type which different from deduction and induction,first proposed by the logician Welman in 1971.It is an argument which include both positive-considerations that support conclusion and counter-considerations that opposite for the conclusion,different from other arguments,the conclusion is not derived from the premise,but rather rely on the logical power of positive-considerations than the counter-considerations.The non-formal logicians put forward their own viewpoints and methods on the position of the counter-considerations in the premise,the relationship between the positive and the counter considerations and the conclusion,and how to use argument diagramming to illustrate the structure of the pro and con arguments.Counter considerations are not a premise,but unique and essential elements for pro and con arguments.Pro and con arguments have dual structure,on one hand,it is a combined structure from an overall point of view.On the other hand,it is a convergence structure,that the single positive consideration provides the convergence support for the conclusion,the single counter consideration provides the convergent opposition for the conclusion.The criteria of argument evaluation consist of authenticity,acceptability,relevance and sufficiency,however,as a unique argument,a key criterion for pro and con arguments is that the logical forces of positive reasons outweigh the count ones.Pro and con arguments is not applicable in all the legislative arguments,and it has its own applicable situation,there are two major situation,significant conflicts of value and conflicts of interest.The application of pro and con arguments in legislation is based on the ratio legis.Taking the Amendments of Criminal Law of canceling partial death penalty as an example,analyzes the positive and counter considerations and the theoretical basis behind them.The positive considerations for the abolition of the death penalty are mainly criminal policy,the international trend,the principle of adaptability,judicial practice and other factors,the main counter consideration is death penalty has a strong deterrent effect.Based on the criteria of argument evaluation and the difference manufacturing theory,the authenticity of these reasons is investigated first.There are obvious shortcomings in terms of acceptability,relevance and sufficiency.In order to obtain the legislative result of abolition of partial death penalty,the core is to assess the positive legislative considerations is how to overcome the counters.