A Brief Probe into the Function of Context and the Principles of Legal Conversation.docVIP

A Brief Probe into the Function of Context and the Principles of Legal Conversation 　　【Abstract】This paper utilizes the conversational inference theory in linguistic to elaborates two major elements of legal conversational reasoning： context and conversation principle. The legal principle of conversation mainly refers to the principle of legal conversation parties should comply with，mainly including the cooperative principle and objective principle. They are important factors to ensure the validity of reasoning. Only comply with the principles，the conversation will be smooth and the conversational implicature will be firmed and accepted. The conclusion of legal conversational reasoning will be more validity if the reasoning complying with the context. 　　【Key words】 context；conversation principle；legal conversation reasoning；validity 　　1. Introduction 　　China’s current judicial process is facing serious validity crisis. If the validity of legal reasoning can be ensured in the judicial process，the current judicial crisis can be largely eliminated. Legal conversational reasoning attempts to digest justice crisis through the immanent rationality. 　　Legal conversational reasoning infer the conversational implicature in a particular session context，and the legal facts received from the interaction between several subjects are more intuitive and accuracy which will then ensure the validity and acceptability of judicial decisions. In legal conversation，the party A and party B must obey the cooperative principle in order to make legal session smoothly and successfully. Speaker and receiver should comply with the principles of cooperation and jointly promote legal conversation. In language conversation，the objective principle controls the content and rhythm as a whole. 　　Because legal conversation pays attention to the pragmatic meaning in specific context and the human cognitive，from the beginning，the legal conversational reasoning not only provides a new research