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Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Category : Philosophy
Languages : en
Pages : 371
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Book Description
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 relevant theoretical factors both from various continental law traditions and common law countries.
Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Category : Philosophy
Languages : en
Pages : 371
Get Book Here
Book Description
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 relevant theoretical factors both from various continental law traditions and common law countries.
Author: Letizia Lo Giacco
Publisher: Bloomsbury Publishing
ISBN: 1509948961
Category : Law
Languages : en
Pages : 227
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Book Description
This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.
Author: Pierluigi Chiassoni
Publisher: Springer
ISBN: 3030155900
Category : Law
Languages : en
Pages : 284
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Book Description
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
Author: Judith Hahn
Publisher: Oxford University Press
ISBN: 0197674240
Category : Canon law
Languages : en
Pages : 241
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Book Description
"This study explores the language of canon law, the legal order of the Roman Catholic Church. It seeks to bring the language of canon law into the law and language debate and in doing so better understand how the Roman Catholic Church communicates as a legal institution. It ex-amines the function of canon law language in ecclesiastical communications. It studies the character of canonical language, the grammar and terminology of canon law, and how it makes use of linguistic tricks and techniques to create its typical sound. It discusses the com-prehension difficulties that arise out of ambiguities in the law, out of transfer problems be-tween legal and common language, and out of canon law's confusing mix of legal, doctrinal, and moral norms. It reviews the potential consequences of a plain language agenda in the church. This includes an evaluation of whether dead Latin is the appropriate language for a global and cross-cultural legal order such as canon law, and a discussion of how to improve multi-language communication. It takes a closer look at ecclesiastical interpretation theory. It examines forensic language, the language of ecclesiastical tribunals, in its problematic shifting between orality and textuality"--
Author: Heidi M. Hurd
Publisher: Cambridge University Press
ISBN: 131651045X
Category : Law
Languages : en
Pages : 491
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Book Description
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Author: João Andrade Neto
Publisher: Springer
ISBN: 3030022633
Category : Law
Languages : en
Pages : 349
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Book Description
The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.
Author: Thomas Bustamante
Publisher: Franz Steiner Verlag Wiesbaden gmbh
ISBN: 9783515100816
Category : Law
Languages : en
Pages : 133
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Book Description
The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society.
Author:
Publisher: BRILL
ISBN: 9004483616
Category : Political Science
Languages : en
Pages : 925
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Book Description
This landmark volume deals with such essential questions as: What points of departure, or resources, can be identified in Chinese history and culture for what we call 'democracy'? What are, and have been, their potential for development in a modern China confronted with powerful Western influences? Are there any connections between imperial China’s strong legal tradition and the PRC’s current endeavour to restore the rule of law, in a context of legal globalization in which China itself is an important participant? How serious, or superficial, should the political opening which started in the 1980s be regarded, and the discourse on human rights currently heard in official circles? And finally, how relevant is Taiwan’s experiment with democratic institutions? In this rich and inspiring volume, foremost French scholars carefully clarify the process of political and legal change, convincingly showing that these questions cannot be answered without a proper understanding of centuries of Chinese juridical, philosophical, religious and political thought. Ouvrage publié avec le soutien du Centre national du livre/ Published with financial support by the Centre national du livre.
Author: Thomas da Rosa de Bustamante
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832974305
Category : Human rights
Languages : en
Pages : 0
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Book Description
The book comprises a selection of papers delivered at the 24th IVR World Congress, divided into four sections. The first, Human Rights and Justice in a Global Perspective, centres on the problems of the foundation of Human Rights and the legitimacy of Political Power. The second deals with Public Policy, Economics and Social Rights. In the section called Law, Language and Literature the focus is on the multiple ways in which Law can relate to language, discourses and literature. The fourth and final section analyses some of the recent Transformations in Legal Dogmatics and in Private Law. These topics are all of capital importance in contemporary societies, which reflect the complexity of pluralism and the increasing expansion and transformation of the law, which no longer seems to be comprehensible by a merely positivistic model of the "sources of law". In order to understand the nature of law and the requirements to interpret it as well as to adjust it to the needs of contemporary states and communities, a theorist or analyst needs to embark on an interdisciplinary approach, which can be found in all of the essays in this volume.
Author: Rat für Forschung und Technologieentwicklung
Publisher: ecoWing
ISBN: 3711052983
Category : Political Science
Languages : en
Pages : 357
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Book Description
Everything is digital – whether it concerns the private sphere, work or public life. The technological progress involves both enormous chances and great risks. What are the social challenges we face? Which role does ethics play? Will the digital revolution necessarily serve the common good?Experts from various fields, among them computer science, economy, sociology and philosophy, address these questions and contribute to a necessary critical dialogue.
