Screen LibraryLegal argumentation theory : cross-disciplinary perpectives /
This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of d...
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| Corporate Authors: | |
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| Group Author: | ; |
| Published: |
Springer,
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| Publisher Address: | Dordrecht ; New York : |
| Publication Dates: | 2013. |
| Literature type: | eBook |
| Language: | English |
| Series: |
Law and philosophy library ; v.102. |
| Subjects: | |
| Online Access: |
http://dx.doi.org/10.1007/978-94-007-4670-1 |
| Summary: |
This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany. |
| Carrier Form: | 1 online resource. |
| Bibliography: | Includes bibliographical references and indexes. |
| ISBN: |
9789400746701 (electronic bk.) 9400746709 (electronic bk.) 9400746695 9789400746695 |
| Index Number: | K181 |
| CLC: | D90-532 |
| Contents: |
Reasoning by Consequences: Applying Different Argumentation Structures to the Analysis of Consequentialist Reasoning in Judicial Decisions / On the Argumentum ad Absurdum in Statutory Interpretation: Its Uses and Normative Significance / Why Precedent in Law (and Elsewhere) Is Not Totally (or Even Substantially) About Analogy / Fallacies in Ad Hominem Arguments / The Rule of Law and the Ideal of a Critical Discussion / Strategic Maneuvering with the Argumentative Role of Legal Principles in the Case of the "Unworthy Spouse" / Legal Argumentation and the Normativity of Legal Norms / Weighing and Balancing in the Light of Deliberation and Expression / Construction or Reconstruction? On the Function of Argumentation in the Law / The Argument from Psychological Typology for a Mild Separation Between the Context of Discovery and the Context of Justification / Constitutive Rules and Coherence in Legal Argumentation: The Case of Extensive and Restrictive Interpretation / Is Balancing a Method of Rational Justification sui generis? / Arguing on Facts: Truth, Trials and Adversary Procedures / |