On Public Acceptability of Judicial Rulings from a New Rhetoric Perspective

DOI: https://doi.org/10.62517/jel.202514521

Author(s)

Tao Liu*

Affiliation(s)

School of law, China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author

Abstract

The public constitutes one category of audience within rhetorical theory. In the current judicial landscape, the public's acceptance of cases they follow plays an immeasurable role in enhancing judicial credibility and upholding judicial authority. Rhetoric, as a discipline studying persuasion techniques, offers methodologies through legal rhetoric to persuade audiences and address public acceptance of rulings. By applying audience theory from new rhetoric and employing rhetorical methods, the persuasiveness of judicial rulings can be enhanced, thereby promoting public acceptance. This is particularly crucial in high-profile cases with significant social impact, where integrating rhetorical techniques into trial proceedings, rulings, and post-ruling explanations can substantially improve the acceptability of judicial decisions.

Keywords

Judicial Decisions; Acceptability; Public; Rhetoric

References

[1] Wang Liyuan. The Dynamic Interplay between Public Opinion and the Judiciary in a Comparative Law Perspective: A Study on Factors, Mechanisms, and Institutional Adaptation. Journal of Southeast University (Philosophy and Social Sciences Edition), 2025, 27(S1): 54-57. [2] Chaim Perelman, the Realm of Rhetoric. University of Notre Dame Press, 1982. [3] Peng Zhongli. A Rhetorical Examination of the Persuasiveness of Judicial Rulings: Preliminary Analysis Focusing on the Audience. Law and Social Development, 2011, 17(01): 95-103. [4] Sun Guangning. Acceptability: An Analytical Perspective on Legal Methodology. Shandong University, 2010. [5] Ch. Perelman, Justice, Law and Argument. D. Reidel Publishing Company, 1979, p. 121. [6] Josina M. Makau & Debian L. Marty, Cooperative Argumentation: A Model for Deliberative Community. Waveland Press, 2003. [7] Lin Xifen, Chen Qi et al., Qin Yulin. Public Acceptance and Trust in Judicial Decisions: A Cognitive Experiment Study. Chinese Journal of Law, 2024, 46(02):39-54. [8] Chen Jinghui. Reflections on the Concept of Acceptability of Judgments. Chinese Journal of Law, 2009, 31(04): 3-17. [9] Cao Mingqian. Pursuing Unity: Persuasion in Law. East China University of Political Science and Law, 2008. [10]Wang Meizhu, Wang Bin. Rationalization Theory in Perelman's New Rhetoric. Journal of Henan Normal University (Philosophy and Social Sciences Edition), 2023, 50(06):58-65. [11]Hou Xueyong, Zheng Hongyan. A Rhetorical Analysis of the Deteriorating Relationship between Chinese Courts and Media: A Perspective of Media as Audience. Oriental Law, 2012, (05): 91-99. [12]Ye Xiaolan. On the Mismatch between Audience Expectations and Judicial Adjudication and Practical Responses. Modern Law Science, 2024, 46(02):103-120.