A Study On Toulmin’s Model Of Legal Argumentation And Its Value In Judicial Practice

In the judicial practice,it is the proper meaning of the existence value of the law to constantly solve the problems encountered.Through this process,we can constantly prove the rationality and feasibility of the law,and the fairness and neutrality of judges.However,considering the complexity and diversity of the reality,the imperfection of the law itself,the subjective influence of the judge itself and other factors,people must realize that in the specific judicial practice,the application of law is not perfect,we must seek a balance point for the convergence of law and judicial practice.Toulmin’s theory of legal argumentation is a product of this idea.He tries to open the thinking process of judges in judicial practice to a certain extent by means of logic,rhetoric or negotiation,so as to provide a testable model.Based on the detailed discussion of the six basic elements of Toulmin’s legal argumentation model,this paper focuses on the explanation of "modal determiner","refutation" and "support" mentioned by Toulmin,and studies the differences and advantages between his argumentation model and other scholars’ argumentation model and the previous judicial three paragraph theory,Combined with the current judicial practice of our country,this paper evaluates its practical significance and explores the practical significance of Toulmin model.Thirdly,this paper discusses the new development of this model in modern times,makes a comparative study of Toulmin’s legal argumentation model,summarizes the possible shortcomings and limitations in the past,and tries to put forward their own views.Through the interdisciplinary research method,this paper makes an interdisciplinary research on Toulmin’s legal argumentation model,philosophy of law,jurisprudence and other disciplines,and makes a detailed research from the perspective of different disciplines;through the comparative research method,this paper compares some views of domestic and foreign scholars,so as to better understand the connotation and significance of Toulmin’s legal argumentation model Through the method of combining theory with practice,this paper combines Toulmin’s legal argumentation model with contemporary cases.Highlight the practical feasibility of Toulmin’s legal argumentation model.