Rhetorische Rechtstheorie
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Rhetoric And The Rule Of Law
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Author : Neil MacCormick
language : en
Publisher: OUP Oxford
Release Date : 2005-07-28
Rhetoric And The Rule Of Law written by Neil MacCormick and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-28 with Law categories.
Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
Topik Und Rhetorische Rechtstheorie
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Author : Agnes Launhardt
language : de
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 2010
Topik Und Rhetorische Rechtstheorie written by Agnes Launhardt and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Im Jahre 1953 erschien die Abhandlung -Topik und Jurisprudenz- von Theodor Viehweg. Danach bildet die Topik als eine von der Rhetorik entwickelte Technik des Problemdenkens ein konstitutives Element des juristischen Denkens. Diese These war in den 50er und 60er-Jahren Gegenstand heftiger Auseinandersetzungen. Dann wurde sie weitgehend fur erledigt erklart. Indes lasst sich zeigen, dass die Rezeption Viehwegs und der Verlauf der Debatte von Fehldeutungen und Missverstandnissen bestimmt wurden, die sich teilweise bis heute fortgesetzt haben. Recht verstanden kommt dem Ansatz Viehwegs und der durch ihn begrundeten Rhetorischen Rechtstheorie noch immer eine eigenstandige Berechtigung zu."
Rechtsphilosophie Und Rhetorische Rechtstheorie
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Author : Theodor Viehweg
language : de
Publisher:
Release Date : 1995
Rechtsphilosophie Und Rhetorische Rechtstheorie written by Theodor Viehweg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Jurisprudence categories.
Rhetorische Rechtstheorie
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Author :
language : de
Publisher:
Release Date : 1982
Rhetorische Rechtstheorie written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Heracles Bow
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Author : James Boyd White
language : en
Publisher: Univ of Wisconsin Press
Release Date : 1985
Heracles Bow written by James Boyd White and has been published by Univ of Wisconsin Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Language Arts & Disciplines categories.
The law has traditionally been regarded as a set of rules and institutions. In this thoughtful series of essays, James Boyd White urges a fresh view of the law as an essentially literary, rhetorical, and ethical activity. Defining and elaborating his conception, he artfully bridges the fields of jurisprudence, literature, philosophy, history, and political science. The result, a new approach that may change the way we perceive the legal process, will engage not only lawyers and law students but anyone interested in the relationship between ethics, persuasion, and community. White's essays, though bound by a common perspective, are thematically varied. Each of these pieces makes eloquent and insightful reading. Taken as a whole, they establish, by triangulation, a position from which they all proceed: a view of poetry, law, and rhetoric as essentially synonymous. Only when we perceive the links between these processes, White stresses, can we begin to unite the concerns of truth, beauty, and justice in a single field of action and expression.
Lying Down Together
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Author : Milner S. Ball
language : en
Publisher:
Release Date : 1985
Lying Down Together written by Milner S. Ball and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Language Arts & Disciplines categories.
Law is understood, interpreted, and practiced by metaphor. The presently dominant, conceptual metaphor for law is that "law is the bulwark of freedom." Milner S. Ball, in this experimental statement, invites the reader to consider an alternate metaphor: "law is a medium of human solidarity." A more humane metaphor for law, Ball's alternative connotes an open-ended conductor allowing for exchange and flow rather than the defensive wall or barrier associated with "bulwark." To discover how this alternate metaphor may take concrete form, Ball explores the law of the sea and coast while basing his discussion in broad theological terms. This provocative analysis of jurisprudence will interest academic and practicing lawyers, theologians, philosophers, and political scientists concerned with legal studies. Law as bulwark suggests a static, defensive posture that is all divisions and boundaries--a contradiction to the meaning and purpose of law as well as destructive of human community. Law as medium, illuminated by Ball's analysis of international, federal, and state marine law, releases these barriers and promotes a flow of dialogue. When viewed in this way, law serves the dynamics of a transfigured society. The metaphorical context of law as bulwark, depicted by Ball, is "Fortress America"; the metaphorical context of law as medium is the "Peaceable Kingdom." Ball examines the possibilities and practice of law as the medium of the "Peaceable Kingdom" through a theological perspective based on a nonreligious, political theology of the natural. The author also draws imaginatively upon ecology, physics, art, literature, ethics, and rhetoric to persuade the reader to join him in his hope for a jurisprudence more authentically human and less inherently victimizing than that of the legal system today.
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.
Rules Norms And Decisions
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Author : Friedrich V. Kratochwil
language : en
Publisher: Cambridge University Press
Release Date : 1991-04-26
Rules Norms And Decisions written by Friedrich V. Kratochwil 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 1991-04-26 with Law categories.
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Innovation And Transition In Law Experiences And Theoretical Settings
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Author :
language : en
Publisher: Dykinson
Release Date :
Innovation And Transition In Law Experiences And Theoretical Settings written by and has been published by Dykinson this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
Constitutional Law As Fiction
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Author : L. H. LaRue
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Constitutional Law As Fiction written by L. H. LaRue 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.