Legal Argumentation Theory: Cross-Disciplinary Perspectives
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Beschreibung
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.
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.
Provides access to recent developments in the theory of legal argumentation Offers a wide spectrum of the relevant topics and approaches, including reasoning by consequences, pluralism, proportionality, and process strategic maneuvering Presents representative contributions from disparate academic and legal cultures including Brazil, Canada, Chile, Slovenia, Germany, Italy, Netherlands, Sweden, and the USA
Autor*in
Christian Dahlman
Themen in »Legal Argumentation Theory: Cross-Disciplinary Perspectives«
(Ir)rationality of Judicial Decision-Making Advocacy in Legal Argumentation Argumentation ad Absurdum Coherence in Legal Argumentation Fallacies in Arguments Kelsen Discovery and Justification Legal Argumentation Legal Argumentation and the Rule of Law Legal Interpretation and Argumentation Legal Methodology and Argumentaion Legal Philosophy and Argumentation Legal Rationality and Argumentation Pluralism, Proportionality and Process Pragma-Dialectical Perspective Rational Justification
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From the book reviews:
“This collection of essays on legal argumentation theory should attract a broad audience of scholars from legal philosophy, argumentation, and logic. This book offers a broad range of theoretical essays that would be appropriate either as a textbook or for supplemental readings for an advanced level class on legal argumentation. … the volume should be useful and pertinent for theorists who study legal argumentation in those locations.” (Janice Schuetz, Journal of Argument in Context, Vol. 32 (2), 2014)()