A Study Of Theory Of Legal Argumentation Of Alexy

In the 1970 s,the development of legal logic was influenced by the return of practical philosophy in the field of legal philosophy.Meanwhile,in order to solve the problems existing in the traditional legal argumentation and realize the legitimacy of law,many scholars have put forward the theory of legal argumentation,among which Alexy's theory of legal argumentation is an outstanding representative.Alexy put forward his theory of legal argumentation on the basis of logic and the practical demand of legal practice.Alexy firstly defined the concept of legal argumentation,and he believed that legal argumentation is the process of proving a special legal normative proposition.He first pointed out the problems and defects in the traditional legal argumentation model,and built the legal argumentation theory on the basis of summarizing and reflecting on the general practice argumentation theory.His argumentation theory mainly conducts argumentation analysis from two parts: internal argumentation and external argumentation.The external proof is a rational demonstration of the premises needed for the internal proof.At the same time,Alexy introduced and created a large number of reasoning rules and logical formulas in the argument,which provided a good solution to get rid of the "Minchhausen-three dilemmas".Alexy innovated the traditional legal logic inference model,promoted the optimization of the inference structure,and had an important impact on the development of legal logic.Moreover,Alexi's legal argumentation theory has important application value and has a strong guiding role in the judicial case argumentation of today.