Legal Argumentation Theory: Cross-Disciplinary Perspectives

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

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.


What people are saying - Write a review

We haven't found any reviews in the usual places.


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

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

Other editions - View all

Common terms and phrases