Discuss teaching methods of legal logic

Summary: Although the Law does not identify the legal Logic of Logic (the Logic here means the occurrence of objective things, the development of changes in the Law, but it tells us to critically analyze the Logic of the Law (here the Logical Laws of thinking means, rules and methods, mainly the rules of reasoning and argumentation and method, after a logical and balanced view of the current before a logical point of view, thinking about their future direction. to foster and enhance the legal thinking for the purpose of teaching need to pay attention to legal logic : stArt from an emphasis on logic and self-discipline, and guide students to value logical thinking, logical theory in legal thinking, legal thinking, the ability to guide students to improve, from a legal point of view of logic cases, students have learning expectations, questions teaching so that students learn thinking, appropriate classroom debate, citing examples of story, game design class, to stimulate student interest in lectures, not only about ordinary logic of knowledge, but also learned about dialectical logic, to find the Law of life.

Keywords: legal education, legal logic, legal thinking teaching methods

Legal logic of the law is not logic (the logic here means the occurrence of objective things, the development of changes in the law, but it tells us to critically analyze the logic of the law (here the laws of logic means thinking, rules and methods, the main reasoning and argumentation rules and methods. After a logical and balanced view of the current before a logical point of view, thinking about their future direction in legal education and learning, not only the basis of legal logic, is a tool, but it is the purpose of This, as Taiwan's famous civil law expert Mr. Wang Zejian said: "learning the law, simple words, on the ability to develop arguments and reasoning."

Currently, legal education, confused on how to improve their legal thinking, legal logic puzzle in teaching students how to conduct effective legal thinking training. In this regard, this paper, the legal logic of teaching experience, sum up some of the legal logic of teaching methods , teach to colleagues.

First, the emphasis on logic and self-discipline, and guide students to value logical thinking

2-year-old from the stArt logic, in the process of growing, increasing ability to think logically, but logic is self-consciousness is our common problem. Some people, we can not say his lack of logical thinking ability, but in writing papers , textbooks, monographs, in speech, speech, debate, in a number of important issues, but made some simple mistakes should not be committed, such as: <<>>,<< China Law Legal Studies>> in the two Articles.

<<China Law>> 2002 2 "theory of defense is harmful to society>> Section 167:" According to Tong said, the nature of crime is that it is socially harmful behavior, simply to say that crime is a harm social behavior. Obviously, it is a full name to determine that all criminal acts are harmful to society. As a result, opponents quickly retorted, "Here, the author clearly in the substitution of topics, from the" crime is a threat to social behavior "do not push out "all criminal acts are a danger to society" can only be introduced "Some criminal behavior is a danger to society" (full name certainly can not be simply transposed to judge, only limited transposition.

<<Legal Studies>> 2004 1 <<Law of the theoretical basis of the evidence>> page 109: "the objective truth on the one hand, those who claim that 'practice is the sole criterion of truth', the other in turn define the criminal proceedings raising activities and practical activities for the same, so that, in the proceedings, the so-called 'practice is the sole criterion for testing truth' of this proposition can be replaced by 'knowledge is the only criterion for testing truth' and nothing but the truth is in the so-called an understanding of objective reality, therefore, the above proposition can be further replaced by 'knowledge is the only recognized test standards'. "The author here confuses the concept of the dialectical thinking of the" same "as ordinary thinking of the" same " , so for the reasoning, the conclusion is certainly not correct. "awareness activities and practice the same" refers to dialectical thinking in the "same", you have me, I have you, the same interdependent, rather than ordinary thinking you are me, I'm your same.

Of course, talking about this, the teacher also told the students: a logic error is author and editor of the result of a lack of logic and self-discipline, core journals or core journals, legal experts, or experts, we can not negate all (the author of the Article or innovative place, this example can also be used to explain the forms of thinking and thinking the relationship between the content needs to be noted that the core journal editors, experts Shangqie such a mistake, we should develop and improve their logic of self-awareness, self- logical thinking into the conscious logical thinking, which is studying the legal logic of the first objective.

Second, the logical theory of law thinking, the ability to guide students to improve the legal thinking

Legal thinking and legal form of legal thinking from the content of the composition of thinking, legal thinking and legal form of the interdependence of thought content, but with relative independence of the legal thinking of the content taught specialized courses in law, the legal form of legal thinking taught logic, different emphases, but Law School students to develop and enhance the legal thinking, legal thinking of the students training, legal thinking and legal form of mutual dependency thought content, form without content, content without form of legal logic, legal thinking into teaching contents, the attention of law specialized courses taught legal form of thinking, methods and laws, will greatly improve the ability of students to legal thinking, to achieve the goal of legal education. Here are two examples:

In legal logic class, I asked students to "lawful", "illegal", "conduct", "criminal act" the relationship between the four concepts that come out with a Euler diagram, the behavior of the majority of students classified as legitimate behavior and illegal, in violation of division of the crime and they believe that an act, either legal or illegal, why? they say "no offense is legitimate", "law does not prohibit the free" Well! Not to mention this to the legal definition of illogical rules, first while in the end not to mention the legal definition of what should be on, for example, a person seated, the other people come up to fight him, not heavy, not light , illegal? not illegal. legal? can not answer, is that not seem to have problems, but you certainly can not say that such behavior illegal. there are many more examples, not against the law and can not say illegal. "legitimate behavior, "" illegal "," conduct "," criminal acts "with the relationship between the four concepts should be such that Euler diagram: the first act into law the legal regulation of behavior and the behavior is not adjusted, then, again the legal regulation of behavior is divided into lawful and unlawful, illegal in some criminal behavior. Think about it, "law does not prohibit the free" is a nice excuse, ah, is not prohibited by law is free, but the logic of reason tells us that not all the time like this.

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With students in and listen to an academic report, a professor of "the law, the law must sound the alarm bell" to "science legislation, administration, justice, law enforcement fair." purpose is to "rule of law" fell "by law officers" and "administering power" rather than "people according to law." But if you want to "by law officers" and "administering power", then any officer the right to have law and governance and the Chief is right, we call the law, justice is right, why not say that according to judicial process? Is now China's justice according to law, or justice needs above the law, not according to law or justice is not important, at least as important administrative law, just as long as you can? and what is just? judges have the final say? This is syllogistic reasoning, logical thought from the question when, just talked about syllogistic reasoning, the students feeling very deep.

Although the above description of the legal logic of the law is not logic (the logic here means the occurrence of objective things, the development of changes in the law, but it tells us to critically analyze the logic of the law (here the laws of logic means thinking, rules and methods, mainly the rules and reasoning and argumentation method, after a logical and balanced view of the existing point of view before a logical, think about their future direction.

Third, from a legal point of view of logic of the case, have learning expectations for students

"The case analysis refers to the facts of the case of decomposition, structured analysis, and proposed how to apply substantive and procedural legal advice activities." Legal case analysis is an important professional education in teaching methods and the case analysis is to reveal the legal case reasons, including facts, legal basis both in law and logic combination. the facts and legal concepts are formed by the proposition, the proposition further by the composition of reasoning, in order to demonstrate legal grounds, so the case analysis from the concept of propositions and reasoning to stArt.

For example, a district court of the marriage penalty on the case. The plaintiff and defendant entered into a written marriage contract of marriage, agreed to a liquidated damages clause above: either a third party constitute a breach of contract, liquidated damages shall be paid 250,000 yuan to the other is now the defendant breach of contract, the plaintiff sued the request of liquidated damages the court hearing the case, the problems encountered are: the case of marriage cases, should apply to marriage, but marriage is no penalty system. liquidated damages is a system of contract law, and contract Law Article 2.2 expressly provides that: marriage is not applicable contract law.

How to solve this problem? From a legal point of view of logic, contracts and marriage, one acts on property law, one acts as law, but both are legal acts, legal acts is the case concept. Legal acts and contracts, the two concepts of marriage relationships between species, so the judge can apply the rules in effect on the legal acts, specifically: First, that the true meaning, and the second, the content does not violate mandatory provisions of law, Third, the content does not violate public order and good morals. hearing the case the judge that the case of marriage on the liquidated damages clause, the two sides of the true meaning of that, the existing law which is not mandatory, does not violate "public order and good morals" and therefore finds that the breach of contract payment provisions effectively, and according to the verdict: order the defendant to the plaintiff to pay 250,000 yuan penalty.

Fourth, the question of teaching so that students learn to think

Question-type approach, also known as the Socratic teaching method, the teacher continued to ask questions to the students to achieve the students were pursued Meng asked, overwhelmed the point where its purpose is to encourage students to think, people usually do not ask questions , will not find the problem, do not ask questions, so keep the questions in the process, encourage students to not only answer questions, but will note that the main problem, identify problems and ask questions in an appropriate manner .

It is said that the role of lawyers is to regroup facts of the case, look for legal reasons, to maintain the interests of the parties, while how the complex facts of the case to find a breakthrough point? Learning MBA logical examination of the way, for a case, ask students to summarize the parties possible viewpoints and evidence, consider how to support, strengthen, refute, weaken a party's arguments, how to interpret, evaluate party's views and arguments. students can be assumed between the case and debate.

In the case analysis, asking questions of the ways to inspire students to ideas, encouraging students to actively think about each other feedback and communication with teachers, asking questions, ask, ask yourself and answer each question in each answer, and explore problem solving, problem paths and methods.

Fifth, appropriate classroom debate, citing examples of story, game design class, to stimulate student interest in lectures

Logic in the "debate" on the basis of the emergence and development. Ancient China, logic, also known as "debate school". "Litigation," the purpose is to find legal reasons, to convince others to safeguard their own interests. Therefore, the legal debate to learn logic is concerned, after all, an effective method and means can be a subject of debate student life, learning the hot topic debate requiring language fluency, targeted, who's there, therefore, justified by reasoning , for both positive and negative points, such as "legal education should focus on theory (practice)", etc. This is a most junior students confused the issue, freshman, sophomore studying a number of professional knowledge, junior to start thinking about future development, the study found that the difference between theory and practice, and do not know how to solve. the debate process, I found that they themselves can solve this problem, this is a debate on the role. In addition, debate, to show students the thinking process out, the logical problem out, such as: extension of the concept of meaning is not clear, the mechanical analogy, circular argument, resort to ignorance, etc. is often the father, bystander, and often know but not the why the teacher can remind students to provoke students to learn the enthusiasm and initiative.

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Legal Logic is the study of legal thinking in the form of laws and methods of instrumental discipline, learn to learn it for our legal and judicial practice of great benefit; same time, it is a cross-disciplinary, highly abstract, logical discipline integration into specific legal disciplines, concepts and more rules and more than symbols, formulas and more law students to learn a certain degree of difficulty. In view of the course abstract and applied, is necessary to design some classroom games, active classroom atmosphere, students deepen knowledge, understanding and application, for example, the equivalent proposition to strengthen students' understanding and use in the classroom with 10-15 minutes to do "In other words," the game: the first row of students to write a thesis, after a few rows of students In other words, and then pass back the front evaluation of equivalent students, talked about the logic of legal norms, in order to cause students to "should", "Allow" and other standard terms of attention, the students have after-school study law, find three related legal provisions, made up of "two facts and a lie" in class, ask other students to determine which one is the lie; about legal concepts, the students compiled a story with three words, reasoning about when to do " Who are the perpetrators, "" Solitaire story, "reasoning games.

Sixth, only about ordinary logic of knowledge, but also learned about dialectical logic to find the law of life

Form of thinking and thinking of the law can be studied from different perspectives, which logic itself is a huge and multi-discipline system, and now it is usually logical credits for general logic, dialectical logic. The formation of the first ordinary logic, which focuses on Static study of the structure and form of logical thinking, laws of logic, research way of thinking, dialectical logic of dynamic thinking, research and more to thinking; Engels said, "just like an ordinary elementary logic and dialectical relationship between mathematics and higher mathematics." When dialectical thinking, one aspect of the discussion for the same to comply with the form of logical thinking and common law in general, for simple cases, people can use ordinary logical thinking, but for complex cases, it must be dialectical thinking can uphold the law and justice, after all, human beings have entered the period of dialectical thinking.

In a sense, legal, moral, economic, political, is a unified, cost-effective a national, collective, individual points, with short, medium, long divided, the moral standards of good and evil, political interest and weigh the disadvantages are also due to the different starting points are different, talking about the law when it determined, as the standard for the legitimacy of our legal thinking, when it is uncertain, the legal thinking, how do we do? and what is legal? Why the law so stipulates? The answer is that the prevailing political, economic, ethical standards for the development, so when we talk about using the law to thinking, we still have to take into account the political, economic, and moral factors, as determined by law, the legislators to consider, when the law is uncertain, the judiciary is considered so that the law is a living law, the law is not dead, merely the legitimacy of the focus of legal thinking, legal thinking and not the only prerequisite.

Hence, we talk about the logic of common knowledge, but also talk about some of the dialectical logic of knowledge, which is an unavoidable problem must be told the students, an important form of reasoning, but only form of reasoning is not enough, in the form of reasoning can not be resolved place, need to use dialectical reasoning so that students analyze the case that knowledge is not simply a logical application, not prone to "the law of justice is a variable" and other negative views.

Law without logic, the rapid development of the legal requirements of each legal person of logic, application logic, to find legal logic. Legal logic, or a mature discipline, it requires a mature legal logic scholars and academics work together, this is also a legal development.

[References]

[1] Qin Yubin. China's current legal education, the plight of Exploration. Http://www.dffy.com ,2004-2-26 20:45:34

[2] Ringi. Introduction to legal thinking. [M] Shandong People's Publishing House, August 2000 edition

[3] Wang Zejian <<legal thinking and civil cases>>. [M] China Politics and Law University Press, 2001 edition

[4] National Center for MBA entrance exam MBA entrance exam .2005 comprehensive ability test preparation materials and writing logical volumes. [M] Machinery Industry Press, July 2004 edition

[5] Cao Peizhong from Australia to talk about the form of college courses, the current legal test. Http://www.dffy.com ,2003-11-21

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