A Study And Application On The Theory Of Legal Argumentation Of Robort Alexy

To achieve the legitimacy of the law,people initially focused on finding universal and eternal justice standards,but the subject's understanding of the object is difficult.It is easy to get caught up in the "mischhausen triple dilemma",when it comes to answer what is the legitimate standard.Alexy put forward "intersubjectivity" to replace "the difficulty of cognition of the subject to the object",and regards " interpretation" as the standard of legal justice to get rid of the "mischhausen triple dilemma".The theory indicates that the process is superior to the theoretical.As long as the results of the analysis are correct and adequately demonstrate,the conclusion is correct,whether accept or not.Alexy applied the theory of legal argumentation to judicial trial,which is of great significance to the reform and improvement of judicial practice and judicial system.This academic article is divided into four parts:Part 1: I analyze the background and classification of legal argumentation theory.Firstly,the background analyze the reasons of legal argumentation theory.Then,I introduce the main representative characters and viewpoints of the logical,rhetorical and procedural ways respectively,which come from Feteris.Part 2: I analyzed Alexiy's legal argumentation theory in detail.The theory of general practical discourse is the foundation of legal argumentation,so it is divided into two parts: general practical discourse and legal argumentation.Firstly,I introduce the content and defects of general practical discourse.Then,from three angles(the difference and the relation between the general practical discourse and the legal argumentation,the certainty and the verifiability,the discovery and the dichotomy),I aim to analyze the key points and difficulties of legal argumentation.Finally,I introduce the internal justification and external justification in detail.Part 3: I analyze the contributions and defects of Alexy's legal argumentation theory.The theory of legal argumentation is a hot topic in legal academia,and there are lots of praise and skepticism.On the one hand,I enumerate several representative opinions of the academic community and give corresponding comments.These questions have many pertinent suggestions,but there are many misunderstandings and misunderstandings.On the other hand,I analyze the real defects of the theory.Part 4: I try to apply the theory of legal argumentation.I analyzed the theory of legal argumentation with the case of Yuhuan's judgment.I using the judgment with specific cases to clearly and unambiguously develop legal argumentation theory to discover and identify problems that would arise in the application of legal practice,and based on this,put forward the theory.The use of the approach to promote the theory is better applied to legal practice.