Legal Argumentation and the Rule of Law

Author: Carel Smith
Publisher: Eleven International Publishing
ISBN: 9789462367029
Published In: September 2016
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RM316.01

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Modern legal systems are characterized by a tension between two commonplaces: the Rule of Law on the one hand, and the arguable character of law on the other. The Rule of Law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement.

In this book, expert scholars come together to offer interdisciplinary approaches to debate this tension and its possible reconciliation. Central in their perspective is that reconciliation is possible when the Rule of Law also incorporates rules for reason-giving. Reason-giving should be part of a substantive conception of the Rule of Law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the Rule of Law show how insights of two traditions are connected.This collection of essays includes contributions from law, argumentation theory, logic and philosophical perspectives. This multifaceted approach demonstrates the variety of questions that emerge at the intersection of both commonplaces. This volume fills a remarkable void in the current literature on the Rule of Law. It should be welcomed, not only by experts in Legal Methodology, Argumentation Theory and Rhetoric, but by judges, lawyers and law students as well.

International Conference on Legal Argumentation and the Rule of Law

Legal Argumentation and the Rule of Law

Judicial Discretion and the Rule of Law

The Rule of Dual-Natured Law

Prototypical Argumentative Patterns in the Justification of Judicial Decisions - A Pragma-Dialectical Perspective

The Legal Characterization of Facts at the International Criminal Court

The Facebook Judge? How Transparency in Social Media Conflicts with the Rule of Law

Analogy and E Contrario: The Facts - Pet Issues of Perpetration, Damage and Damages

The Burden of Rationality: Why and How Should the Judge Justify Her Decision?

Four Fallacies about Analogical Reasoning and the Rule of Law

Improving Judicial Argumentation about Evidence in Dutch Unus Testis Cases

Legal Argumentation between 'Monologue' and 'Dialogue' -From the Absolute Ruler to the Rule of Law