Law and Philosophy Library

Legal Argumentation Theory: Cross-Disciplinary Perspectives

Editors: Dahlman, Christian, Feteris, Eveline T. (Eds.)

  • Provides access to recent developments in the theory of legal argumentation 
  • Offers a wide spectrum of the relevant topics and approaches, including reasoning by consequences, pluralism, proportionality, and process  strategic maneuvering  
  • Presents representative contributions from disparate academic and legal cultures including Brazil, Canada, Chile, Slovenia, Germany, Italy, Netherlands, Sweden, and the USA
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eBook $119.00
price for USA (gross)
  • ISBN 978-94-007-4670-1
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-94-007-4669-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
price for USA
  • ISBN 978-94-017-8235-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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. 

Reviews

From the book reviews:

“This collection of essays on legal argumentation theory should attract a broad audience of scholars from legal philosophy, argumentation, and logic. This book offers a broad range of theoretical essays that would be appropriate either as a textbook or for supplemental readings for an advanced level class on legal argumentation. … the volume should be useful and pertinent for theorists who study legal argumentation in those locations.” (Janice Schuetz, Journal of Argument in Context, Vol. 32 (2), 2014)

Table of contents (13 chapters)

  • Reasoning by Consequences: Applying Different Argumentation Structures to the Analysis of Consequentialist Reasoning in Judicial Decisions

    Carbonell, Flavia

    Pages 1-19

  • On the Argumentum ad Absurdum in Statutory Interpretation: Its Uses and Normative Significance

    Bustamante, Thomas

    Pages 21-43

  • Why Precedent in Law (and Elsewhere) Is Not Totally (or Even Substantially) About Analogy

    Schauer, Frederick

    Pages 45-56

  • Fallacies in Ad Hominem Arguments

    Dahlman, Christian (et al.)

    Pages 57-70

  • The Rule of Law and the Ideal of a Critical Discussion

    Kloosterhuis, Harm

    Pages 71-83

Buy this book

eBook $119.00
price for USA (gross)
  • ISBN 978-94-007-4670-1
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-94-007-4669-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
price for USA
  • ISBN 978-94-017-8235-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Legal Argumentation Theory: Cross-Disciplinary Perspectives
Editors
  • Christian Dahlman
  • Eveline T. Feteris
Series Title
Law and Philosophy Library
Series Volume
102
Copyright
2013
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht.
eBook ISBN
978-94-007-4670-1
DOI
10.1007/978-94-007-4670-1
Hardcover ISBN
978-94-007-4669-5
Softcover ISBN
978-94-017-8235-7
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XII, 236
Topics