2007•Journal of Chongqing Institute of TechnologyRequires access

The Logic of the Legal Argument——on the orientation of the law logic

Li Y

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Abstract

As a very important legal methodology in legal practice,legal logic has made our nation's theory and matter circle argue on its position and the way for studying it.By the review of the discussion about the relation between law and logic made by the western modern legal philosophy circle,especially the legal argument theory which is popular in the western modern legal philosophy circle since the seventies of the 20th century,we have a new visual angle for giving the position of Chinese legal logic.Chinese legal logic should be placed as legal argument logic;The informal logic,popular in the western logic circle during the latter part of 20th century,has supplied new way and theoretical foundation for logic study and practice of Chinese legal logic.

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What this paper is about

As a very important legal methodology in legal practice,legal logic has made our nation's theory and matter circle argue on its position and the way for studying it.By the review of the discussion about the relation between law and logic made by the western modern legal philosophy circle,especially the legal argument theory which is popular in the western modern legal philosophy circle since the seventies of the 20th century,we have a new visual angle for giving the position of Chinese legal logic.Chinese legal logic should be placed as legal argument logic;The informal logic,popular in the western logic circle during the latter part of 20th century,has supplied new way and theoretical foundation for logic study and practice of Chinese legal logic.

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Available abstract

As a very important legal methodology in legal practice,legal logic has made our nation's theory and matter circle argue on its position and the way for studying it.By the review of the discussion about the relation between law and logic made by the western modern legal philosophy circle,especially the legal argument theory which is popular in the western modern legal philosophy circle since the seventies of the 20th century,we have a new visual angle for giving the position of Chinese legal logic.Chinese legal logic should be placed as legal argument logic;The informal logic,popular in the western logic circle during the latter part of 20th century,has supplied new way and theoretical foundation for logic study and practice of Chinese legal logic.

Key concepts: Argument (complex analysis), Legal realism, Philosophy of logic, Law, Epistemology, Mathematics, Legal profession, Political science

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