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The Value Choice and Rhetoric in Judicial Decision: Examples from Copyright Law

Xiong Wencong  
Different from narrative syllogism in logic, the major premise, that is the norm of law, in judicial syllogism, is not a simple description about objective facts, but an ethic thesis underlying value orientation. Just abiding by this value orientation, judges can evaluate and select facts and bring in a fair verdict generally. However, when there’s a grave conflict between the norm of law and social common views, judges have to make a new choice of values, and try to accord his decision with existing norm logically and convince parties in action and the public economically through crafty rhetoric.
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