Legal Argumentation Theory: Cross-Disciplinary Perspectives
Editors: Dahlman, Christian, Feteris, Eveline T. (Eds.)
Free Preview- 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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- About this book
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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.
- Reviews
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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)
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Reasoning by Consequences: Applying Different Argumentation Structures to the Analysis of Consequentialist Reasoning in Judicial Decisions
Pages 1-19
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On the Argumentum ad Absurdum in Statutory Interpretation: Its Uses and Normative Significance
Pages 21-43
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Why Precedent in Law (and Elsewhere) Is Not Totally (or Even Substantially) About Analogy
Pages 45-56
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Fallacies in Ad Hominem Arguments
Pages 57-70
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The Rule of Law and the Ideal of a Critical Discussion
Pages 71-83
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Table of contents (13 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Legal Argumentation Theory: Cross-Disciplinary Perspectives
- Editors
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- 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
