Legal Argumentation Theory: Cross-Disciplinary Perspectives

Author: Christian Dahlman,Eveline T. Feteris

Publisher: Springer Science & Business Media

ISBN: 9400746695

Category: Law

Page: 236

View: 2554

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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.
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Fundamentals of Legal Argumentation

A Survey of Theories on the Justification of Judicial Decisions

Author: Eveline T. Feteris

Publisher: Springer

ISBN: 9402411291

Category: Philosophy

Page: 361

View: 6956

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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.
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The Great Juristic Bazaar

Jurists' Texts and Lawyers' Stories

Author: William Twining

Publisher: Routledge

ISBN: 135154375X

Category: Law

Page: 518

View: 9345

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Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.
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Law and Language

Current Legal Issues

Author: Michael Freeman,Fiona Smith

Publisher: Oxford University Press

ISBN: 0199673667

Category: Law

Page: 625

View: 7345

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Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.
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Philosophical Foundations of Tort Law

Author: David G. Owen

Publisher: Oxford University Press on Demand

ISBN: 019825847X

Category: Law

Page: 510

View: 6653

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This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
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Choice

Publication of the Association of College and Research Libraries, a Division of the American Library Association

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Academic libraries

Page: N.A

View: 6429

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System, Order and International Law

The Early History of International Legal Thought from Machiavelli to Hegel

Author: Stefan Kadelbach,Thomas Kleinlein,David Roth-Isigkeit

Publisher: Oxford University Press

ISBN: 0198768583

Category: Law

Page: 544

View: 2399

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This edited collection provides a timely reassessment of thinkers from Machiavelli to Hegel that seeks to uncover the ideological bedrock of modern international legal thought from its starting point in the Renaissance. The interplay of system and order serves as a leitmotiv throughout thebook, helping to link historical models to contemporary discourse. In the first part of the book, the work of individual thinkers is considered in light of their contribution to the development of international legal thought. The second part of the book draws out horizontal themes, providing anopportunity to revaluate the discursive field and constrast it with present-day approaches. These analyses deepen our understanding of the international political realm by scrutinzing the intellectual foundations of international law as we know it.
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Constitutional Law

Author: Geoffrey R. Stone,Louis Michael Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876670

Category: Law

Page: 1800

View: 1974

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Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
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