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Author: Eveline T. Feteris Publisher: Springer ISBN: 9402411291 Category : Philosophy Languages : en Pages : 371
Book Description
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Author: Eveline T. Feteris Publisher: Springer ISBN: 9402411291 Category : Philosophy Languages : en Pages : 371
Book Description
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Author: Frans H. van Eemeren Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110846098 Category : Language Arts & Disciplines Languages : en Pages : 344
Book Description
No detailed description available for "Handbook of Argumentation Theory".
Author: Hubert Hubien Publisher: ISBN: Category : Judicial process Languages : en Pages : 624
Book Description
This volume contains the papers which will be discussed during the afternoon round tables ; the papers read during the plenary sessions, with possibly a summary of the discussions, will be published as a Beiheft of the Archiv für Rechts- und Sozialphilosophie.
Author: Christian Dahlman Publisher: Springer Science & Business Media ISBN: 9400746709 Category : Law Languages : en Pages : 239
Book Description
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.
Author: Ch. Perelman Publisher: Springer Science & Business Media ISBN: 9400990103 Category : Philosophy Languages : en Pages : 199
Book Description
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
Author: Pedro Serna Publisher: Springer ISBN: 3319434195 Category : Philosophy Languages : en Pages : 154
Book Description
This book clarifies the meaning of the most important and pervasive concepts and tools in bioethical argumentation (principles, values, dignity, rights, duties, deliberation, prudence) and assesses the methodological suitability of the main methods for clinical decision-making and argumentation. The first part of the book is devoted to the most developed or promising approaches regarding bioethical argumentation, namely those based on principles, values and human rights. The authors then continue to deal with the contributions and shortcomings of these approaches and suggest further developments by means of substantive and procedural elements and concepts from practical philosophy, normative systems theory, theory of action, human rights and legal argumentation. Furthermore, new models of biomedical and health care decision-making, which overcome the aforementioned criticism and stress the relevance of the argumentative responsibility, are included.
Author: Letizia Lo Giacco Publisher: Bloomsbury Publishing ISBN: 1509948961 Category : Law Languages : en Pages : 227
Book Description
This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.
Author: Henrique Jales Ribeiro Publisher: Imprensa da Universidade de Coimbra / Coimbra University Press ISBN: 9898074779 Category : Logic Languages : en Pages : 316
Book Description
This book is the edition of the Proceedings of the International Colloquium “Rhetoric and Argumentation in the Beginning of the XXIst Century” which was held at the Faculty of Letters of the University of Coimbra, in October 2-4, 2008, and was organized by Henrique Jales Ribeiro, Joaquim Neves Vicente and Rui Alexandre Grácio. The main purpose of the Colloquium was to commemorate the publication in 1958 of the books La nouvelle rhétorique: Traité de l’argumentation, and The Uses of Arguments, by, respectively, C. Perelman/L. Olbrechts-Tyteca, and S. Toulmin. But another important goal was to take stock of the state of rhetoric and argumentation theory at the beginning of a new century. It was a unique event, without parallel in Portugal and worldwide - considering its theme and its aims -, which gathered some of the World’s most renowned rhetoric and argumentation theorists: Alan Gross, Douglas Walton, Erik Krabbe, Frans V. Eemeren, F. Snoeck Henkemans, Guy Haarscher, John Anthony Blair, Marianne Doury, Oswald Ducrot, Ruth Amossy. The book includes a variety of very important contributions to rhetoric and argumentation theory, ranging from those that naturally fall within the subject matter, to the areas of philosophy, linguistics, communication theory, education theory and law theory. The “art”, as it was called in the Medieval curricula, is no longer a discipline amongst others and has became, according to the view of some specialists and largely owing to Perelman and Toulmin influences, a “new paradigm” of rationality for our age, which auspiciously encompasses all fields of knowledge and culture. The book is divided into five parts: I- Historical and philosophical studies on the influences of Perelman and Toulmin; II- Studies in argumentation theory; III- Linguistic approaches to argumentation theory; IV- Rhetoric; and communication theory / education theory approaches to argumentation; and V- Law theory approaches to argumentation.
Author: Eveline T. Feteris
Author: Eveline T. Feteris
Author: Frans H. van Eemeren
Author: Hubert Hubien
Author: Christian Dahlman
Author: Ch. Perelman
Author: Pedro Serna
Author: Frans Hendrik Eemeren
Author: Letizia Lo Giacco
Author: Henrique Jales Ribeiro
Author: David Dudley Field