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The Rhetoric and Its Application in Judicial Argument

Author: WangZhiWei
Tutor: LuJingDe
School: Southwest University of Political Science
Course: Legal Logic
Keywords: Rhetoric Rhetorical argumentation Court Debate Emotional argument Credibility of the argument Logical argument
CLC: D90-051
Type: Master's thesis
Year: 2011
Downloads: 86
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Abstract

Rhetoric stems from the ancient Greece litigation speech, after 2000 years of development process due to the outstanding contribution of future generations rhetorical theorists, today Rhetoric applicable range far beyond its areas of origin is no longer limited to litigation speech. This shows a vitality knowledge is bound by history to fully tap the potential to play a maximum performance of social. In this regard, the rhetorical theorists in Europe and the United States at the forefront. Especially since the late 19th century and early 20th century, with the legal realist critique of legal formalism, a strict form of logical reasoning because of its scope of application of the limitations, can not meet the legal requirements. Concerned about the day-to-day exchanges argue Rhetoric attention again, it meets the legal argumentation reasoning since the era of legal realism. Visionary theorists innovation, to further expand the field of application of the theory of rhetoric, and that the formation of the prosperity of the Western rhetoric. In China, the rhetoric of this exotic, has caused some of the attention of scholars of the logic academia, but did not get deeper theoretical study and full practical application. Even if it marked the beginning of the land - the speech of the proceedings has not been fully used. Focus on this reality, we start from the introduction of the Theory of Rhetoric, combined with our the court argument guidance the theory of imperfect status quo, learn from the Theory of Rhetoric argument reasoning, hope for enhancing the lawyer defending the Court Debate capacity helpful. This article choose to take lawyers legal person as the main selection Court Debate this point of view on Rhetorical Theory in enhancing the important role of the persuasive argumentation of the status quo with our court is not without relevance. Since the reform and opening up, China's rapid development of legal theory, legal practice progress. The prosperity of the market economy has spawned the development of individualism, and thus deepen people's understanding of the rights of the individual, and enhance the protection awareness of the people of their legitimate rights and interests. Accompanied by the lawyers has continued to grow year after year increase in the number of law firms. Even so, people still interest in not maintained danger, when justice is not done. After all, the system of our modern lawyers started late, the blind lawyer quantity increased and did not bring a lawyer to improving the quality and enhanced defense capability, so that in the face of a national public authority questioned, the party is difficult to get a strong defense. Rhetoric to convince the purpose of theory is a form of logical reasoning backed by various demonstration. The focus of this article is to introduce the Theory of Rhetoric and provide some tips for modern lawyers, court speech and defend guidance. Not regret it for the defense of the parties on the basis of looking forward to the lawyers, if possible, to further blunt and to convince the judge, in order to safeguard the legitimate rights and interests of the parties concerned. Rhetoric development its doctrine has Zhifanyemao, the theory has been profound, sharp tentacles extended to the field of psychology, literature, language analysis, dissemination, and even social life in communicative behavior. This not only proves that the achievements of the rhetoric, and also shows the important value of rhetoric, which is loved by many rhetoricians situation. The need for the exposition, the rhetorical theory described in this article, and its application value only beneficial to the Law Court Debate theories. Swim in the Theory of Rhetoric in the history of the ocean, I found that the Court Debate useful insight embellishment like pearls scattered in different periods of history. In the rhetoric source of ancient Greece, Aristotle on Rhetoric consolidate great impact on the theory of rhetoric, he may be second to none, his rhetorical argumentation theory foundation of perfect, and the impact on future generations to is far-reaching. After rhetorician Kenneth Burke proposed as the central concept of the \Compared to \Belgian philosopher, logician and rhetorician Ch. Perelman rhetorical theory contribution is to propose the idea of ??argumentation theory in the form of a \This theoretical ideas to the most outstanding daily argument structure analysis and the theory about the audience, and added many polemical point of departure and skills for argumentation theory. The contemporary philosopher Toulmin Aristotle's rhetorical argument based on the developed a new demonstration mode. This demonstration mode to make the process of deductive reasoning is more specific, favor the argument clearer grasp argument structure. Toulmin make an important contribution for the expansion of the basic theory of rhetoric, to promote the development of the rhetoric. Above rhetoric theory, the article focuses on the different stages of their lawyers argument alike. As, according to Aristotle thought, \component; Like Burke \The clear structure and well-founded, attack and maintain; Perelman polemical rhetoric theory, rich lawyer's argument means to prepare a variety of options argumentation. These pathways are lawyers argumentation skills guidance polemical level, the ultimate benefit of the parties, because it has been a high level of quality defense. The focus of this study, on the one hand, that the introduction of the choice of the Theory of Rhetoric, on the other hand is that lawyers learn to use these theories. These theories linked together and used in the different stages of the proceedings, the innovation of this paper. \The author hopes that this article as a starting point to further deepen the study of the theory of rhetoric.

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