Fundamentals Of Legal Argumentation
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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 relevanttheoretical factors both from various continental law traditions and common law countries.
Fundamentals Of Legal Argumentation
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Author : Eveline T. Feteris
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Fundamentals Of Legal Argumentation written by Eveline T. Feteris 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 2013-03-09 with Philosophy categories.
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique 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 all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Fundamentals Of Critical Argumentation
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Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-31
Fundamentals Of Critical 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 2005-10-31 with Philosophy categories.
Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies.
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.
Talking International Law
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Author : Ian Johnstone
language : en
Publisher: Oxford University Press
Release Date : 2021-09-09
Talking International Law written by Ian Johnstone and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Law categories.
Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.
Fundamentals Of Argumentation Theory
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Author : Frans H. van Eemeren
language : en
Publisher: Routledge
Release Date : 2013-11-05
Fundamentals Of Argumentation Theory written by Frans H. van Eemeren and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-05 with Language Arts & Disciplines categories.
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.
Effective Lawyering
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Author : Austen L. Parrish
language : en
Publisher:
Release Date : 2007
Effective Lawyering written by Austen L. Parrish and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book is for law students and practitioners who want to learn, or be reminded of, the fundamentals of legal writing and oral advocacy. Effective Lawyering concisely describes useful, yet often neglected, writing techniques. The book has pithy discussions of:(1) ways to avoid recurring, yet frequently overlooked, writing problems;(2) sensible approaches to writing common legal documents; and(3) methods for preparing an oral argument.In addition, it provides the reader with a series of checklists to turn to when undertaking a writing project or preparing for oral argument. The authors have designed the book for practicing attorneys as well as law students. The book is an ideal supplement for first-year and advanced legal writing courses, for upper-division skills courses, and for students participating in law journals or moot court programs. Short and to-the-point, the book's unique check-list approach will help law students and practitioners improve their writing methodically.
The Logic Of Legal Argumentation
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Author : Marko Novak
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-26
The Logic Of Legal Argumentation written by Marko Novak and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.
Presents a thorough analysis of multi-modal argumentation and its practicality within the law. Takes both a descriptive and a normative approach. Applicable in a variety of areas, from Philosophy of Law to Communication Studies.
Anyone Who Has A View
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Author : F.H. van Eemeren
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Anyone Who Has A View written by F.H. van Eemeren 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 volume of the Argumentation Library contains a collection of twenty-six theor etical contributions to the study of argumentation. Together they provide an over view of recent developments in the theory of argumentation which does justice to the theoretical variety in the field. InAnyone Who Has a View, the subject of argu mentation is approached from different angles. Both the formal and informal logical approaches and the rhetorical and communicative approaches arc represented in various ways. We arc convinced that the collection of essays as a whole will be of interest not only to those engaged directly in the study of argumentation, but also to scholars from a variety of disciplines who arc interested in the recent developments in this field. The book opens with an essay by the informal logician Robert C. Pinto. For all the differences between them, James B. Freeman, Harvey Siegel, Ralph H. Johnson, Hans V. Hansen, and J. Anthony Blair are also prominent members of that move ment. Some informal logicians either eschew or simply do not use formal methods in their approach to argumentation, while others, such as David Hitchcock, use both formal and informal methods. Erik C.W. Krabbe is a logician who proudly defends a formal dialectical approach to argumentation. Daniel H. Cohen, Frans H. van Eemeren, Peter Houtlosser, Fred J. Kauffeld, C. Scott Jacobs, Christian Kock, Christian Plantin, Sorin Stati, Chris Reed, Douglas N.
Fundamentals Of Argumentation Theory
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Author : Frans H. van Eemeren
language : en
Publisher: Routledge
Release Date : 2013-11-05
Fundamentals Of Argumentation Theory written by Frans H. van Eemeren and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-05 with Language Arts & Disciplines categories.
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.