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System Concept And Legal Rhetoric Of Opposing Opinion In American Common Law's Verdict And Its Significance For Judicial Justice

Posted on:2019-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:X C SheFull Text:PDF
GTID:2416330545971986Subject:Law
Abstract/Summary:PDF Full Text Request
Dissent is an important part of American Common Law's Verdict.We first introduce the composition of the US trial mechanism and judgment.Understand the development history of objections and study the source of power for objections,then explore the internal reasons,characteristics and effects of the objections in the judgment.The author introduces the concept,connotation,characteristics and methodology of legal rhetoric.Uses specific legal rhetoric analysis methods to study specific objections in judgments.Find differences between judicial decisions and objections.Finally,it reveals the effect and significance of dissent to judicial justice and the inspiration to china.The entire process of argument involves the United States judicial system and culture.This article aims to say that the objections in the verdict reflect the independence of judges,procedural justice,and freedom of speech in the constitution.It is conducive to judicial justice.It actively promotes legal justice(judicial injustice)and social justice(democracy).Objections show that the democratization of justice and the elitism of the judiciary are not in conflict.Dissent is not only a kind of democracy within the judiciary,but also a public external display of the authority of judges.
Keywords/Search Tags:Dissent, Democracy, Legal Rhetoric, Judicial Justice
PDF Full Text Request
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