2008Fazhi yu shehui fazhanRequires access

On Legal Argumentation and Its Role in the System of Legal Methods

Jiao Bao-qian

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Abstract

As a new domain of today's jurisprudential study,legal argument is characterized by its objective,dialogue,communication,reasonableness,and practice,etc.Legal argument can be conceived as both a rational thinking and a professional legal method,and so it can be understood as a kind of legal method.The study of legal argument is the most important product of today's research of legal method.How to justify a decision made by a judge,has been a critical topic of today's research of legal methods.Legal argument enriches the concept of legal method,and it has been a very important paradigm in the system of legal method.

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What this paper is about

As a new domain of today's jurisprudential study,legal argument is characterized by its objective,dialogue,communication,reasonableness,and practice,etc.Legal argument can be conceived as both a rational thinking and a professional legal method,and so it can be understood as a kind of legal method.The study of legal argument is the most important product of today's research of legal method.How to justify a decision made by a judge,has been a critical topic of today's research of legal methods.Legal argument enriches the concept of legal method,and it has been a very important paradigm in the system of legal method.

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Available abstract

As a new domain of today's jurisprudential study,legal argument is characterized by its objective,dialogue,communication,reasonableness,and practice,etc.Legal argument can be conceived as both a rational thinking and a professional legal method,and so it can be understood as a kind of legal method.The study of legal argument is the most important product of today's research of legal method.How to justify a decision made by a judge,has been a critical topic of today's research of legal methods.Legal argument enriches the concept of legal method,and it has been a very important paradigm in the system of legal method.

Key concepts: Argument (complex analysis), Argumentation theory, Empirical legal studies, Legal research, Legal formalism, Legal realism, Legal profession, Law

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