The Study On Alexy's Theory Of Rational Argument

Robert Alexy is a famous scholar of philosophy of law in contemporary Germany. Itsrepresentative works" the theory of Legal Argumentation--as a legal justification theoryof rational argumentation theory" is the pinnacle of the theory of legal argumentation. Andnow it is a necessary starting point in the study of legal logic, especially in the study of thelegal argumentation. This paper detailed introduces the theoretical context of Alexy'srational argumentation theory--the relationship of general practice argumentation and legalargumentation, and fully shows the important content of this theory, which containsinternal justification and external justification. The achievements of Alexy's rationalargumentation theory are obvious to people, such as " the establishment of the concept oflegal argumentation", the replace of" authenticity" with" acceptability" and as arepresentative of " theory paradigm". But the theory also has some problems, such as: thehierarchy of demonstration, the unsolved " Hume problem", the unsolved problem fromform to content and so on.On the basic of the full and thorough analysis of Alexy's rational argumentationtheory, combined with the enlightenment from the incomplete legal argumentation theoryand interpretation of philosophy of law of Sun Sitan in the contemporary era, the authorputs forward a new rational argumentation theory, which is the reconstruction within theframework of Alexy's rational argumentation theory. In the internal justification, thispaper gives up some uncertain internal justification rules, and adopt the rules which iswith practical situation for internal justification rules, through enhancing or reducing thedegree of abstraction of the problem in practical problems and theoretical options or factprocessing, In the external justification, In order to enhance the legal argumentation theorypractice and operation, this paper advocates the pursuit of the case balance instead offuzzy values. The results of this study is not only a thorough analysis of the origin andconnotation of Alexy rational argumentation theory, but also try to solve the problem ofrational argumentation theory with the basis of the relevant theoretical research results,which can play a certain promoting role in the research of the theory of legalargumentation.