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Fundamentals of Legal Argumentation

Part of the Argumentation Library Book Series (volume 1)

DOI: 10.1007/978-94-024-1129-4

ISBN: 978-94-024-1127-0

Publisher: Springer Netherlands - Springer Journals

Jul 11, 2017

1 - 10 of 12 Chapters

LitStream

Chapter 1Legal Argumentation and Legal Interpretation

Feteris, Eveline T.

Pages: 1 –21

[As an introduction to the discussion of theories of legal justification in the following chapters, this chapter discusses the central topics in the literature on interpretation and application of legal rules in particular, and the law in general. The central focus of this introduction is on the...
LitStream

Chapter 2The Logical Approach of Legal Argumentation

Feteris, Eveline T.

Pages: 23 –47

[In a logical approach of legal argumentation the central focus is on the role of formal validity as a criterion of rationality for legal argumentation. Various logical systems have been developed to analyse and evaluate legal argumentation. This chapter explains the role and the importance of...
LitStream

Chapter 3Toulmin’s Argumentation Model

Feteris, Eveline T.

Pages: 49 –61

[This chapter discusses Toulmin’s argumentation model and its application in a legal context. In the introduction of his argumentation model, Toulmin uses the legal process to show that the acceptability of practical argumentation does not depend on logical validity. Comparing the process of...
LitStream

Chapter 4Perelman’s New Rhetoric

Feteris, Eveline T.

Pages: 63 –75

[This chapter discusses Perelman’s New Rhetoric and its application in a legal context in the form of a legal logic. In his New Rhetoric Perelman describes the argumentative techniques a speaker can use to convince his audience. In his application of the general New Rhetoric in his legal logic,...
LitStream

Chapter 5Habermas’s Discourse Theory and the Rationality of Legal Discourse

Feteris, Eveline T.

Pages: 77 –93

[This chapter discusses the relation between Jürgen Habermas’s discourse theory and the rationality of legal discourse. In his discourse theory, Habermas sets out the conditions a rational discussion is required to meet. In the legal part of his theory on argumentation, Habermas describes how the...
LitStream

Chapter 6MacCormick’s Theory of the Justification of Legal Decisions

Feteris, Eveline T.

Pages: 95 –116

[In his theory of legal justification Neil MacCormick tries to formulate a solution for one of the central problems in modern legal theory. He explains how, in so-called hard cases in which a judge cannot rely on a generally accepted existing rule, a legal decision can be justified rationally....
LitStream

Chapter 7Alexy’s Procedural Theory of Legal Argumentation

Feteris, Eveline T.

Pages: 117 –154

[This chapter discusses Alexy’s theory of legal argumentation. The central question in the work on legal argumentation of Robert Alexy is how normative statements, such as legal decisions, can be justified in a rational way. Alexy considers the process of justification of normative statements as...
LitStream

Chapter 8Aarnio’s Theory of the Justification of Legal Interpretations

Feteris, Eveline T.

Pages: 155 –173

[Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to...
LitStream

Chapter 9Peczenik’s Theory of Legal Transformations and Legal Justification

Feteris, Eveline T.

Pages: 175 –200

[In his theory of legal transformations, Peczenik tries to answer the question of how a legal decision can be justified rationally. To justify a legal decision, according to Peczenik, it must be shown that the decision can be justified, not only on legal grounds, but also on general rational...
LitStream

Chapter 10The Pragma-Dialectical Approach of Legal Argumentation

Feteris, Eveline T.

Pages: 201 –254

[This chapter gives an overview of the pragma-dialectical approach to legal argumentation. The chapter provides a summary of the pragma-dialectical theory of argumentation and describes developments in the application of the theory to the legal context. It characterizes legal justification as an...

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