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法律修辞学(legal rhetoric)是20世纪六七十年代以来在欧美法学界逐渐兴起并取得一定影响的法学理论,其产生的背景是20世纪修辞学的复兴以及“充分的论证”成为法律判断正当性的重要依据。法律修辞学,顾名思义是法律与修辞学的结合,但是法律与修辞学的关联实际上有一个比较长远的发展背景。研究法律修辞学对我们进一步探究价值判断在法律判断形成过程中的重要作用以及如何通过法律论辩和主体之间相互说服的方式限制法律判断的恣意都具有重要意义。在考察法律修辞学的概念及意义之前我们必须首先厘清修辞学的发展和演变过程,因为在修辞学发展的坎坷过程中法律与修辞学的关联也经历着考验。
Legal rhetoric is a legal theory that has been gradually rising in the western jurisprudence since the 1960s and 1970s and has gained some influence. Its origination is the revival of rhetoric in the 20th century and the “sufficient argument” to become a law An important basis for judging legitimacy. Legal rhetoric, as the name suggests, is a combination of law and rhetoric. However, the link between law and rhetoric actually has a long-term development background. Studying legal rhetoric is of great significance for us to further explore the important role of value judgments in the formation of legal judgment and how to restrict the arbitrary judgment of legal judgments through legal argumentation and mutual persuasion between subjects. Before examining the concept and meaning of legal rhetoric, we must first clarify the process of the development and evolution of rhetoric because the connection between law and rhetoric is undergoing tests in the process of the rhetorical development.