Legal Argumentation Theory: Cross-Disciplinary Perspectives

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Christian Dahlman, Eveline T. Feteris
Springer Science & Business Media, Sep 12, 2012 - Law - 236 pages
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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.

 

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Contents

CrossDisciplinary Perspectives Chapter 1 Reasoning by Consequences Applying Different Argumentation Structures to the Analysis of Consequentiali...
1
CrossDisciplinary Perspectives Chapter 2 On the Argumentum ad Absurdum in Statutory Interpretation Its Uses and Normative Significance
21
CrossDisciplinary Perspectives Chapter 3 Why Precedent in Law and Elsewhere Is Not Totally or Even Substantially About Analogy
44
CrossDisciplinary Perspectives Chapter 4 Fallacies in Ad Hominem Arguments
57
CrossDisciplinary Perspectives Chapter 5 The Rule of Law and the Ideal of a Critical Discussion
71
CrossDisciplinary Perspectives Chapter 6 Strategic Maneuvering with the Argumentative Role of Legal Principles in the Case of the Unworthy Spouse
85
CrossDisciplinary Perspectives Chapter 7 Legal Argumentation and the Normativity of Legal Norms
102
CrossDisciplinary Perspectives Chapter 8 Weighing and Balancing in the Light of Deliberation andExpression
113
CrossDisciplinary Perspectives Chapter 10 The Argument from Psychological Typology for a Mild Separation Between the Context of Discovery and...
144
CrossDisciplinary Perspectives Chapter 11 Constitutive Rules and Coherence in Legal Argumentation The Case of Extensive and Restrictive Interpreta...
163
CrossDisciplinary Perspectives Chapter 12 Is Balancing a Method of Rational Justification sui generis?
189
CrossDisciplinary Perspectives Chapter 13 Arguing on Facts Truth Trials and Adversary Procedures
207
CrossDisciplinary Perspectives About the Authors
225
CrossDisciplinary Perspectives Name Index
229
CrossDisciplinary Perspectives Subject Index
231
Copyright

CrossDisciplinary Perspectives Chapter 9 Construction or Reconstruction? On the Function of Argumentation in the Law
125

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