| After the Second World War the Civil law hermeneutics of Japan has been committed to explore the problem of the objectivity of the value judgment.1he theory of interests balancing of Hosinoeiiti pushed that view to the top. Since the influence of the theory of interests balancing, the value judgment had been concerned too much in the field of the Civil law. so Hiraiyosio began to use the theory of legal argumentation to criticism the place of the Civil law hermeneutics of Japan where was not reasonable. The theory had attract a wide range of attention and made the field of Civil law begin to review the theory of interests balancing. In addition to this, the theory had a profound effect on the Civil law education. In the other hand, in the field of legal argumentation the scholars of our country pay more attention to the theory of western scholars like Alexy. Perelman and McCormick, the attention to Japan was far to enough. So it is necessary to introduce the theories of Japan related to legal argumentation. This article intends to give a brief introduction of the theory of Iliraiyosio and evaluate its contribution to the Civil law hermeneutics of Japan after the Second World War.In the first chapter of this article. I will give a brief introduce of the background of this theory. In this part I plan to focus on the study of the theory of interests balancing.In the second chapter of this article, I will talk about the theory of legal argumentation of Iliraiyosio. In order to resolve the questions in the field of Civil law hermeneutics of Japan, Hiraiyosio introduce his theory of legal argumentation with the help of Toulmin and Karl Popper.In the third chapter of this paper, I will discuss the contributions of the theory of legal argumentation of Hiraiyosio. This theory attracted a wide range of attention between the scholars and made the field of Civil law begin to review the theory of interests balancing.In the last part of this paper I will focus on the legal argumentation of our country and the contributions of the theory of legal argumentation of Hiraiyosio. |
