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修辞的主要功能是说服人,而法律推理也要通过说理使判决结论具有可接受性,修辞可以应用于法律推理中,成为法律推理的一种说理艺术。修辞推理的逻辑模型SDRT是修辞推理走向形式化的基础。但SDRT依然把指代关系作为理论的中心,并且局限于单一主体的语境中,难以体现修辞的交际效果。法律修辞推理是听者和说者双方主体通过修辞,建构共识性话语世界的互动过程。修辞不仅能够增强说服力,而且能促进理解,但要提防法律推理中的不当修辞。
The main function of rhetoric is to persuade people, and legal reasoning also makes the verdict conclusion acceptable by reason. Rhetoric can be applied to legal reasoning and becomes a kind of art of reasoning. The logical model of rhetorical reasoning SDRT is the formal basis of rhetoric reasoning. However, SDRT still regards the relationship as the center of theory and is limited to the context of a single subject, which makes it difficult to reflect the communicative effect of rhetoric. Legal rhetorical reasoning is the interaction between the listener and the speaker through the rhetoric to construct a consensus discourse world. Rhetoric can not only enhance persuasion, but also promote understanding, but beware of improper rhetoric in legal reasoning.