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The "reasonable Field" And Legal Language In Ancient Chinese Judgments

Posted on:2019-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:B Y TaoFull Text:PDF
GTID:2356330548957684Subject:Law
Abstract/Summary:PDF Full Text Request
The formation and content of language are constantly evolving with the historical changes of the society.Therefore,the formation and development of language is a very slow and long historical process,along with the history of human civilization.All the laws of human society takes language as a carrier to express it,there is no legal language.Only through human language to express,records,interpretation,the application of law,there is an indivisible close relationship between language and the law,language and development has a profound influence on law.Our country's legal language from ancient times till now,because of the role of law in today's society life,legal language become a more compelling language use domain.Due to some communication field and corresponding communicative purpose,communicative content such as a variety of contextual factors,determines the language used in the field of the choice of language materials,expressing means and combination.Through long-term accumulation and evolution,the using field of legal language has already formed the systematic characteristics of relatively stable,be a different from other language use in the field of language function variants,namely legal style,along with the development of the society's application and research in our country step by step to determine the connotation of legal language.To focus on the study of legal language has a long history in our country,and the term \ "legal language\" is put forward and clearly defined,is reflected in the nearly 20 years of legal language book published in succession.In the early 1980 s,along with our country socialist legal system of the comprehensive recovery and gradually perfect,legislative and judicial work is faced with a lot of problems with the language use.Legal language and other languages,science and technology is evolved by the whole nation language.Legal language is not only a language phenomenon worthy of studying,but also pass,legal purpose,legal norms and legal implications of the shell and tool,since ancient times for the fusion of law and society and the rule of law society's construction,improve and deepen the has a subtle effect,study ancient cfa's case,especially the name and books to clear set of legal language reasoning mode,can help us to find and dialysis in ancient China,summed up the legal language application reasons things out the features and social functions.This article from the reasoning rules(grammar),the lifeblood of reasoning(logical)and reasoning tools(rhetoric),and reasoning and interpretation with the relationship between the two,from the beginning of the reasons things out the part of development status and influence spread,around a typical case(mainly based on the southern song dynasty and books to clear the name \"recorded by cfa)for ancient Chinese reasons things out the characteristics reflected by cfa(including reasons things out the basis and reasoning method),advantage and the reasons for system of further research.Hope to be able to make the contemporary judicial documents how both reasonable and legal,the organic unification of legal effect and social effect to provide some enlightenment.
Keywords/Search Tags:legal language, Summed up, The name and books to clear set, Interpretation of the basic law reasoning
PDF Full Text Request
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