법적 논증의 기초 ―대법원 판결과 페렐만의 신수사학 (Foundation of Legal Argumentation - Perelman’s New Rhetoric and Cases)

서지정보

· 발행기관 : 한국법철학회
· 수록지 정보 : 법철학연구 / 13권 / 2호 / 53 ~ 92페이지
· 저자명 : 하재홍

초록

As issues and problems of civil societies become more complicated, the importance and necessity of democratic solutions with the help of debates and argumentations are emphasized.
Surely there are great needs to develop various argumentation skills in modern societies, and this lays big burdens on legal education, and it's a matter of grave concern that legal education ought to fulfill obligations to meet such demands.
However, it is a general opinion that korean judicial officers, including judges and lawyers lack on understandings of legal argumentations. But this study shows a quite different understanding. In the history of rhetoric, there has been a good many skills of argumentations, but this article reviewed major argumentation skills introduced by Chaїm Perelman, representative one who revivified rhetoric in 1950s, and collated corresponding Cases. This study proves there are abundant Cases to demonstrate close relationship between rhetorical legal argumentation theory and korean legal practice, and asserts Cases simply has not been given proper analysis in basis of legal argumentation theory in rethorical tradition until now. In conclusion, rethoric is a valuable subject in the legal education because it has useful, profound contents for improving argumentation skills not to mention of legal reasoning.

영어초록

As issues and problems of civil societies become more complicated, the importance and necessity of democratic solutions with the help of debates and argumentations are emphasized.
Surely there are great needs to develop various argumentation skills in modern societies, and this lays big burdens on legal education, and it's a matter of grave concern that legal education ought to fulfill obligations to meet such demands.
However, it is a general opinion that korean judicial officers, including judges and lawyers lack on understandings of legal argumentations. But this study shows a quite different understanding. In the history of rhetoric, there has been a good many skills of argumentations, but this article reviewed major argumentation skills introduced by Chaїm Perelman, representative one who revivified rhetoric in 1950s, and collated corresponding Cases. This study proves there are abundant Cases to demonstrate close relationship between rhetorical legal argumentation theory and korean legal practice, and asserts Cases simply has not been given proper analysis in basis of legal argumentation theory in rethorical tradition until now. In conclusion, rethoric is a valuable subject in the legal education because it has useful, profound contents for improving argumentation skills not to mention of legal reasoning.

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