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Analysis of Dis/agreement - with particular reference to Law and Legal Theory

  • Book
  • © 2003

Overview

Authors:
  1. Svein Eng

    1. University of Oslo, Norway

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Part of the book series: Law and Philosophy Library (LAPS, volume 66)

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Table of contents (13 chapters)

  1. Front Matter

    Pages i-xxi
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  2. Introduction

    1. Introduction

      • Svein Eng
      Pages 1-24

  3. Some fundamental types of proposition about what something is

    1. Front Matter

      Pages 25-25
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    2. Survey

      • Svein Eng
      Pages 27-55

    3. Definitions

      • Svein Eng
      Pages 56-269

    4. Characterisations

      • Svein Eng
      Pages 270-286

    5. Analytically un/true propositions

      • Svein Eng
      Pages 287-292

    6. Separating

      • Svein Eng
      Pages 293-311

    7. Fusion of descriptive and normative propositions. The concepts of ‘descriptive proposition’ and ‘normative proposition’ as concepts of degree

      • Svein Eng
      Pages 312-351

    8. No corresponding fusion of definitions and characterisations

      • Svein Eng
      Pages 352-366

    9. Interplay

      • Svein Eng
      Pages 367-367

  4. Topics from the assessment of tenability

    1. Topics from the assessment of tenability

      • Svein Eng
      Pages 369-439

  5. Some forms of language and argumentation that often make it unclear which type of proposition one is confronted with; in particular on the flight from the normative proposition

    1. Some forms of language and argumentation that often make it unclear which type of proposition one is confronted with; in particular on the flight from the normative proposition

      • Svein Eng
      Pages 441-487

  6. Reconstruction and redefinition: a distinct and widespread combination of the fundamental proposition types

    1. Reconstruction and redefinition: a distinct and widespread combination of the fundamental proposition types

      • Svein Eng
      Pages 489-547

  7. Conclusion

    1. Conclusion

      • Svein Eng
      Pages 549-556

  8. Back Matter

    Pages 557-610
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Keywords

About this book

In order to determine whether two participants in a discussion are in real dis/agreement, one must compare their propositions. Comparison presupposes yardsticks in common. Analysis of Dis/agreement thematises such yardsticks, in that it demonstrates the existence, content and factual significance of a relatively well-delimited set of proposition types and proposition patterns, with their accompanying tenability criteria and motivating interests. The book is a work in the field of legal theory by virtue of its demonstrating how lawyers' power of judgement is constituted in and through these yardsticks. The book is interdisciplinary by virtue of its demonstrating how the same yardsticks come into play more generally in argumentation formulated in everyday language, i.e. independently of law. And the book is a work in the field of philosophy by virtue of its demonstrating the existence and factual significance of language and argumentation actions with a certain independence in relation to the level of controversial fundamental philosophical positions.

Authors and Affiliations

  • University of Oslo, Norway

    Svein Eng

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