Authors:
- Discusses salient backgrounds to the field as well as major approaches and trends in the contemporary research
- Surveys relevant theoretical factors from different traditions in the study of legal argumentation
- Good basis for students, researchers and professionals to further study the field of legal argumentation and the practice of legal reasoning
Part of the book series: Argumentation Library (ARGA, volume 1)
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Table of contents (12 chapters)
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Front Matter
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Back Matter
About this book
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 relevanttheoretical factors both from various continental law traditions and common law countries.
Keywords
- AI and law
- Aanio’s theory of the justification of legal interpretations
- Alexy’s procedural theory of legal argumentation
- Fundamentals of Legal Argumentation
- Legal justification and legal interpretation
- MacCormick’s theory of the justification of legal decisions
- Peczenik’s theory of transformations in the law
- Perelman’s legal argumentation theory
- Pragma-dialectical theory of legal argumentation
- Recent developments in Habermas’ theory (
- Research into legal argumentation
- Theories on the Justification of Judicial Decisions
- Toulmin’s argumentation model
- Toulmin’s legal argumentation theory
- logical approach of legal argumentation
- rationality and legitimacy of legal discourse’
Reviews
Authors and Affiliations
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Speech Communication, Argumentation Theory and Rhetoric, University of Amsterdam, Amsterdam, The Netherlands
Eveline T. Feteris
About the author
Feteris is author of several books, academic volumes and many publications in international journals. Among Feteris’ key publications are Fundamental of Legal Argumentation: A Survey of Theories of Justification of Judicial Decisions, Dordrecht: Springer Netherlands 1999 (translated in Chinese, Spanish and Turkish); E.T. Feteris, H. Kloosterhuis, H.J. Plug, Argumentation and the Application of Legal Rules, Amsterdam: Sic Sat, 2009; E.T. Feteris, B.J. Garssen, A.F. Snoeck Henkemans, Keeping in Touch with Pragma-Dialectics, Amsterdam: John Benjamins, 2011; C. Dahlman and E.T. Feteris, Legal Argumentation Theory: Cross-disciplinary Perspectives. Dordrecht: Springer, 2013; E.T. Feteris, H. Kloosterhuis, H.J. Plug, C.E. Smith, Legal Argumentation and the Rule of Law, The Hague: Eleven, 2016.
Bibliographic Information
Book Title: Fundamentals of Legal Argumentation
Book Subtitle: A Survey of Theories on the Justification of Judicial Decisions
Authors: Eveline T. Feteris
Series Title: Argumentation Library
DOI: https://doi.org/10.1007/978-94-024-1129-4
Publisher: Springer Dordrecht
eBook Packages: Religion and Philosophy, Philosophy and Religion (R0)
Copyright Information: Springer Science+Business Media B.V. 2017
Hardcover ISBN: 978-94-024-1127-0Published: 17 July 2017
Softcover ISBN: 978-94-024-1493-6Published: 15 August 2018
eBook ISBN: 978-94-024-1129-4Published: 10 July 2017
Series ISSN: 1566-7650
Series E-ISSN: 2215-1907
Edition Number: 2
Number of Pages: XVII, 361
Number of Illustrations: 23 b/w illustrations
Topics: Logic, Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Ontology, Industrial Organization