Suchergebnisse

Cover -- Table of Contents -- 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 -- 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 -- The Burden of Rationality: Why and How Should the Judge Justify Her Decision?

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.