“把法律作为修辞”的方法论辩析
发布时间：2018-08-24 12:50
【摘要】：“把法律作为修辞”的论文,提出和阐述了“把法律作为修辞”的理论。但这一理论的学术研究还停留在理论命题的基本阐释,证明其理论合理性的论证中。循理论应用的思路,辩明“把法律作为修辞”的法律修辞理论的方法论意义,以“法律解释、法律逻辑与法律修辞构成了法律方法的基础理论”为理论前提,具体阐述法律修辞与法律解释、法律修辞与法律逻辑的关系。阐明法律修辞与法律解释作为方法论领域的共享与理论目标与研究对象上的区别;以把法律作为修辞为视角,探究法律逻辑对于裁判听众说服的意义。通过对基本方法论的论证,阐述把法律作为修辞理论的方法论可能与意义,以期助力法律修辞理论在中国法治建设语境中的发展。
[Abstract]:This paper puts forward and expounds the theory of taking law as rhetoric. But the academic research of this theory is still in the basic explanation of the theoretical proposition and the proof of its theoretical rationality. Following the train of thought of theoretical application, this paper identifies the methodological significance of the legal rhetoric theory "taking law as rhetoric", and takes "legal interpretation, legal logic and legal rhetoric as the basic theory of legal method" as the theoretical premise. The relationship between legal rhetoric and legal interpretation, legal rhetoric and legal logic is elaborated in detail. This paper clarifies the differences between legal rhetoric and legal interpretation as a field of methodology, and explores the significance of legal logic to the persuasion of referees from the perspective of taking law as rhetoric. Through the argumentation of the basic methodology, this paper expounds the methodological possibility and significance of taking the law as the rhetoric theory, in order to help the development of the legal rhetoric theory in the context of the construction of the rule of law in China.
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本文编号：2200873
[Abstract]:This paper puts forward and expounds the theory of taking law as rhetoric. But the academic research of this theory is still in the basic explanation of the theoretical proposition and the proof of its theoretical rationality. Following the train of thought of theoretical application, this paper identifies the methodological significance of the legal rhetoric theory "taking law as rhetoric", and takes "legal interpretation, legal logic and legal rhetoric as the basic theory of legal method" as the theoretical premise. The relationship between legal rhetoric and legal interpretation, legal rhetoric and legal logic is elaborated in detail. This paper clarifies the differences between legal rhetoric and legal interpretation as a field of methodology, and explores the significance of legal logic to the persuasion of referees from the perspective of taking law as rhetoric. Through the argumentation of the basic methodology, this paper expounds the methodological possibility and significance of taking the law as the rhetoric theory, in order to help the development of the legal rhetoric theory in the context of the construction of the rule of law in China.
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本文编号：2200873
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