论者通常把修辞与逻辑对立起来,很少论及二者如何统一于论证过程,而在法律领域尤其需要这种统一。法律的学科特点在于其推理前提的开放性和结论的封闭性,因而在法律推理过程中,需要通过修辞将开放的前提集合论证为可接受的封闭性前提集合,也需要通过逻辑根据封闭的前提得出必然的结论。文章通过对法律推理过程及其特点的分析,论证了法律修辞与逻辑的统一性,即逻辑是修辞,是最具说服力的一种修辞;修辞也是逻辑,是在无法直接进行演绎推理时所备选的逻辑。其目的都在于提高法律推理结论的可接受性。 Often theorists oppose rhetoric to logic, seldom discuss how the two are united in the process of argumentation, and this unity is especially needed in the legal field. The discipline of law is characterized by the openness of reasoning premise and the closeness of conclusion. Therefore, in legal reasoning process, the set of open premise needs to be demonstrated through rhetoric as an acceptable closed set of premise, and also through logical premise of closed premise Draw the necessary conclusion. Through the analysis of legal reasoning process and its characteristics, the article demonstrates the unity of legal rhetoric and logic, that is, logic is rhetoric and is the most persuasive rhetoric. Rhetoric is also logic, which can not be directly deduced Alternative logic. Its purpose is to improve the acceptability of legal reasoning conclusion.