Argumentation In Legal Science
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Argumentation In Legal Science
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Author : Aulis Aarnio
language : de
Publisher:
Release Date : 1981
Argumentation In Legal Science written by Aulis Aarnio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.
A Theory Of Legal Argumentation
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Author : Robert Alexy
language : en
Publisher: Oxford University Press, USA
Release Date : 1989
A Theory Of Legal Argumentation written by Robert Alexy and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Judgments categories.
"What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book"--Publisher's website.
Fundamentals Of Legal Argumentation
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Author : Eveline T. Feteris
language : en
Publisher: Springer
Release Date : 2017-07-10
Fundamentals Of Legal Argumentation written by Eveline T. Feteris and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-10 with Philosophy categories.
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.
Legal Argumentation Theory Cross Disciplinary Perspectives
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Author : Christian Dahlman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-12
Legal Argumentation Theory Cross Disciplinary Perspectives written by Christian Dahlman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-12 with Law categories.
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.
Justice Law And Argument
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Author : Ch. Perelman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Law And Argument written by Ch. Perelman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
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.
Methods Of Legal Reasoning
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Author : Jerzy Stelmach
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-09-03
Methods Of Legal Reasoning written by Jerzy Stelmach and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-03 with Law categories.
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
Legal Argumentation And Evidence
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Author : Douglas Walton
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Legal Argumentation And Evidence written by Douglas Walton and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.
A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Burden Of Proof Presumption And Argumentation
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Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-30
Burden Of Proof Presumption And Argumentation written by Douglas Walton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-30 with Computers categories.
This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.
Handbook Of Legal Reasoning And Argumentation
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer
Release Date : 2018-07-02
Handbook Of Legal Reasoning And Argumentation written by Giorgio Bongiovanni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
The Reasonable As Rational
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Author : Werner Krawietz
language : de
Publisher:
Release Date : 2000
The Reasonable As Rational written by Werner Krawietz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.