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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: 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: 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: Letizia Lo Giacco Publisher: Bloomsbury Publishing ISBN: 1509948953 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: Frans H. van Eemeren Publisher: Routledge ISBN: 1136688048 Category : Language Arts & Disciplines Languages : en Pages : 439
Book Description
Argumentation theory is a distinctly multidisciplinary field of inquiry. It draws its data, assumptions, and methods from disciplines as disparate as formal logic and discourse analysis, linguistics and forensic science, philosophy and psychology, political science and education, sociology and law, and rhetoric and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since it is even for those active in the field not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. This book offers its readers a unique comprehensive survey of the various theoretical contributions which have been made to the study of argumentation. It discusses the historical works that provide the background to the field and all major approaches and trends in contemporary research. Argument has been the subject of systematic inquiry for twenty-five hundred years. It has been graced with theories, such as formal logic or the legal theory of evidence, that have acquired a more or less settled provenance with regard to specific issues. But there has been nothing to date that qualifies as a unified general theory of argumentation, in all its richness and complexity. This being so, the argumentation theorist must have access to materials and methods that lie beyond his or her "home" subject. It is precisely on this account that this volume is offered to all the constituent research communities and their students. Apart from the historical sections, each chapter provides an economical introduction to the problems and methods that characterize a given part of the contemporary research program. Because the chapters are self-contained, they can be consulted in the order of a reader's interests or research requirements. But there is value in reading the work in its entirety. Jointly authored by the very people whose research has done much to define the current state of argumentation theory and to point the way toward more general and unified future treatments, this book is an impressively authoritative contribution to the field.
Author: E.M. Barth Publisher: John Benjamins Publishing ISBN: 9027283168 Category : Language Arts & Disciplines Languages : en Pages : 364
Book Description
The contributions in the first part ‘Re-modelling logic’ of this volume take account of formal logic in the theory of ‘rational’ argumentation. Part two contains papers that distinguish the various dialogue games for logics in terms of ‘rights’ and ‘obligations’ of the players. The authors following in the third section study the interaction between participants in a dialogue. Here the tools of the logician are used for the wider purpose of studying the nature of dialogue. The fourth section concern modes of argumentation that are actually found in philosopical texts from earlier centuries. To be followed by contributions in Part five that may be read as attempts to retrieve what was left of the spirit of criticism and debate in philosphy after the onslaught of Cartesianism and idealism.
Author: Ole Spiermann Publisher: Cambridge University Press ISBN: 1139442686 Category : Law Languages : en Pages : 539
Book Description
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
Author: Ryan Malphurs Publisher: Routledge ISBN: 1136182292 Category : Language Arts & Disciplines Languages : en Pages : 248
Book Description
While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices’ interactions among themselves and the advocates. In addition to offering advancements in scholars’ understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court’s oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.
Author: Davide Mazzi Publisher: Cambridge Scholars Publishing ISBN: 1443816566 Category : History Languages : en Pages : 165
Book Description
While the association between the words “Ireland” and “argumentation” may not necessarily look particularly straightforward, this book shows that they are, in fact, closely connected. Specifically, the volume offers a linguistic perspective to suggest that the study of reasoned argument is likely to have a wide range of potential applications in the context of Irish public discourse. Taking two of the classic, favourite subjects of inquiry of contemporary argumentation theory, it addresses the issue of the construction of argumentation in the judiciary and in the politics of the Irish Republic. On the basis of three illustrative case studies, the book explores which methods can be used to identify distinctive aspects of the language at work in public settings where argumentation is the expected form of interaction, and the ways in which such methods can lead to an integrated approach to the study of argumentative language in Irish public discourse, in the interest of field scholars and practitioners alike.
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: Ch. Perelman
Author: Ch. Perelman
Author: Frans H. van Eemeren
Author: Letizia Lo Giacco
Author: Frans H. van Eemeren
Author: E.M. Barth
Author: Ole Spiermann
Author: C. Perelman
Author: Ryan Malphurs
Author: Davide Mazzi
Author: Eveline T. Feteris