Justice Law And Argument
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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.
The Five Types Of Legal Argument
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Author : Wilson Ray Huhn
language : en
Publisher:
Release Date : 2002
The Five Types Of Legal Argument written by Wilson Ray Huhn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Judicial process categories.
Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
International Legal Argument In The Permanent Court Of International Justice
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Author : Ole Spiermann
language : en
Publisher: Cambridge University Press
Release Date : 2005-01-06
International Legal Argument In The Permanent Court Of International Justice written by Ole Spiermann 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 2005-01-06 with Law categories.
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.
The Idea Of Justice And The Problem Of Argument
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Author : Chaïm Perelman
language : en
Publisher: Humanities Press International
Release Date : 1977
The Idea Of Justice And The Problem Of Argument written by Chaïm Perelman and has been published by Humanities Press International this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Law categories.
This book comprises a series of studies devoted to an analytic examination of reasoning in the field of conduct. The first is analysis of the idea of justice undertaken in a spirit of positivism; the series continues in a different vein necessitated by compelling obligation the author found himself under to work out a logic of value judgments. This logic is in fact the Rhetoric and Topics of antiquity: the author's "Traité de l' Argumentation (Paris, 1958) gave this new life, and the present work demonstrates its philosophical importance.
Thinking Like A Lawyer
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Author : Frederick F. Schauer
language : en
Publisher: Harvard University Press
Release Date : 2009-04-27
Thinking Like A Lawyer written by Frederick F. Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
The Idea Of Justice And The Problem Of Argument
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Author : C. Perelman
language : en
Publisher:
Release Date : 1970
The Idea Of Justice And The Problem Of Argument written by C. Perelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with categories.
Fundamentals Of Legal Argumentation
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Author : E. T. Feteris
language : en
Publisher: Boom Koninklijke Uitgevers
Release Date : 1999-03-31
Fundamentals Of Legal Argumentation written by E. T. Feteris and has been published by Boom Koninklijke Uitgevers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-31 with Business & Economics 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.
Legal Reasoning And Legal Theory
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Author : Neil MacCormick
language : en
Publisher: Oxford University Press, USA
Release Date : 1978
Legal Reasoning And Legal Theory written by Neil MacCormick 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 1978 with Judicial process categories.
What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.
The Notion Of An Ideal Audience In Legal Argument
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Author : George Christie
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Notion Of An Ideal Audience In Legal Argument written by George Christie 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.
As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman. Because I was one of the few Americans to comment on his TraUe de l' argumentation: la nouvelle rhetorique, before it was translated into English, I was invited to a conference celebrating the translation ofthat monumental work into English that was held in August 1970 in Santa Barbara, Califomia at the Center for the Study ofDemocratic Institutions, which was then under the directorship of the late Robert M. Hutchins. From that beginning, Professor Perelman and I developed a strong and warm friendship which was cemented when Professor Perelman and his wife, Fela, came to North Carolina in 1979 as a fellow at the National Humanities Center. I enjoyed the occasions on which I was able to participate in the activities of the Centre National de Recherehes de Logique which had been established, under Professor Perelman's aegis, in Belgium. A trip to Brussels was always something to which I looked forward. Since Professor Perelman's sudden and untimely death in January 1984, shortly after he had been singularly honored by being made a baron by King Baudouin, I have benefited greatly from my participation in the programs of the Perelman Foundation which was established through the generosity and efforts ofBaronne Fela Perelman; a remarkable woman in her own right who has now sadly also passed away.
The Idea Of Justice And The Problem Of Argument
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Author : Chaim Perelman
language : en
Publisher:
Release Date : 1970
The Idea Of Justice And The Problem Of Argument written by Chaim Perelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Judgment (Ethics) categories.