法律论证理论的研究进路-法学理论专业论文.docx

II II Abstract The research of Legal argument has rised between the 50’s and 60’s of last century, and it has gotten great development for almost four decades, the issue of argument is subject to the legitimacy and reasonableness of laws operation process, Including the legislative and judicial process, but mainly refers to the justice administration in the process of the issue of legitimacy and reasonableness. In the first chapter of this article set forth the origin of the legal argument and possibility, in historical angle explaine the significance of existence and produce of legal argument. The ultimate goal of legal reasoning is the existence of Man-made Law in order to resolve the difficulties. So in this essay I evaluate the quality of legal argumentation theory standards - is that it is able to resolve or not, and in the extent how to solve hardship of Man-made Law. In the Chapters II and III of this article, I set forth the two kinds of legal argumentation theory which have existed in the history: Logic analysis approach to the legal argumentation and rhetoric for the approach of legal argumentation. Described respectively the emergence of these two theories and the main representative, focus on the story of these two theories is how to solve the Man-made Law of this dilemma. But these two theories did not solve the problem of the Man-made Law, and can not solve these difficulties good. In Chapter IV of this article, I explain reasonable talk to approach of the theory of legal argumentation. This theory solve the difficulties of the Man-made Law as follows: first, Analysis the necessity for the argument on the basis of the general practice of law. Second, Pursuit Consistency of the system. Third, Rules of legal argumentation, forms and general rules of practice of argumentation, the consistency in the system. Forth, argue in the framework of the theory. Though, the theory is not all-powerful, as Alexy said, he did not expect the theory can solve all the pr