Methodology And Thinking: A Study Of The Theory Of Law

To regard the topics as a approach of legal argumentation research has deep historical origin. In the classical period of time, Aristotle and Cicero considered topics as the theory of "position" and the opinions accepted by the public, which has played a role of finding、 positioning the argumentation direction and providing the premise of argumentation practice. Meanwhile, the topics is also used as the theme、theme instructions on the meaning of words and argumentation schemata; In the contemporary, viehweg understood topics as a model of thinking to distinguish it from the traditional deductive thinking-systems thinking, the model of thinking played a role in the decision of the produce of topics. The topics approach compared to a logical approach, argumentation and dialogue approach which focuses on the reconstruction of legal argumentation in formal rationality, it pay more attention on the substance of the argumentation, the selection from the many possibilities to find the best solution. It not only provides a form of argumentation" in the level of form, but also provide the "plausibility" premise and the" acceptability" conclusion of the legal argumentation in the level of content.For legal argumentation, the application of topics reflected in two aspects:first, from the perspective of the method. As a way to build a concrete argumentation, topics as the theory of "position" to positioning direction at first; the argumentation schemata specified the logical structure of argumentation to establish a formal framework for the legal argumentation. On the substance of the arrangement, topics provides a premise which is accepted by the public; Topics be regarded as the theme can gather information required by argumentation; Depend on the theme instructions on the meaning of words, you can determine to further expanded argumentation after the theme instructions on the meaning of words be sure.Second, from the perspective of thinking, topics has played a decisive role in the rise of contemporary legal argumentation:legal argumentation should be oriented topics. Topics remedy the limitation of systems thinking, deepen the understanding of the character of the law and legal argumentation. Based on the contextual about the rule of law, you need to adhere to the system thinking and to face the limitations of the topics and use a proper way to introduce the topics into the system to achieve the argumentation in an open system.