司法论证概念网络的逻辑分析

The Logical Analysis of Concept Network of Judicial Argument

基于法律解释的视角,作为法律方法论意义上的狭义法律论证,以司法为中心视角,研究法官裁判中的法律论证问题。司法论证是指原告、被告以及法官等各当事人根据司法程序规则企图达到某种目的的一种对抗性活动,是一种博弈。从逻辑行动主义方法论看,司法论证博弈的推理行动产品是由基础逻辑所决定的应用逻辑,研究的是在行动产品过程中所把握的逻辑法则,用"模式"来刻画。司法论证博弈模式的推理方式是"证立",此"证立"具有"可废止性"。

There can be referred to as the judicial argument which is based on the perspective of legal interpretation, as a special legal argument in the sense of legal methodology and as the center of the judiciary, is researched the legal argument problems of the Judge judgment. Judicial argument is refers to a confrontational activities of the plaintiffs, defendants and judge according to the rules of the judicial process in an attempt to reach a purpose, is a kind of game. From the logical behaviorism methodology, the reasoning action product of the judicial argument game is the applied logic determined by the basic logic, which is depicted the pattern re-searching the logic law in the process of action product. The reasoning of the pattern of the judicial argument is justification, which has defeasibility.