2009•Unpublished venueRequires access

An Exploration of Legal Argument

Jing Hu

Abstract

Legal argument is a legal thinking process aiming to argue and persuade as well as supporting your viewpoints with reasoning.In the development of abstract legal theories after World War Two,the theory of legal argument based on modern logics,rhetoric of language philosophy and discourse theory sprang up in the field of philosophy.Legal argument has expanded a wider legal space for legal reasoning,making formal ruling-by-law more reasonable.The theory of legal argument itself is to make up for the defects of legal reasoning.

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Key concepts: Argument (complex analysis), Argument map, Viewpoints, Epistemology, Rhetoric, Legal realism, Empirical legal studies, Legal formalism