Legal Argumentation Theory: Cross-Disciplinary Perspectives

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Publisher : Springer Science & Business Media
ISBN 13 : 9400746709
Total Pages : 239 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Legal Argumentation Theory: Cross-Disciplinary Perspectives by : Christian Dahlman

Download or read book Legal Argumentation Theory: Cross-Disciplinary Perspectives written by Christian Dahlman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fundamentals of Legal Argumentation

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Publisher : Springer
ISBN 13 : 9402411291
Total Pages : 361 pages
Book Rating : 4.4/5 (24 download)

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Book Synopsis Fundamentals of Legal Argumentation by : Eveline T. Feteris

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Prototypical Argumentative Patterns

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Publisher : John Benjamins Publishing Company
ISBN 13 : 9027265062
Total Pages : 184 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Prototypical Argumentative Patterns by : Frans H. van Eemeren

Download or read book Prototypical Argumentative Patterns written by Frans H. van Eemeren and published by John Benjamins Publishing Company. This book was released on 2017-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prototypical Argumentative Patterns reports about a research project started at the University of Amsterdam in 2012. In this project distinctive argumentative patterns have been identified in argumentative discourse in the political, the legal and the medical domain. These patterns consist of constellations of argumentative moves in which, in order to deal with a particular kind of difference of opinion, in defence of a particular type of standpoint, a particular argument scheme or combination of argument schemes is used in a particular kind of argumentation structure. The composition of these prototypical argumentative patterns can be explained by referring to the institutional characteristics of the communicative activity types in which they occur. By exploring the relationship between argumentative discourse and the institutional context, Frans van Eemeren, Bart Garssen, Corina Andone, Eveline Feteris and Francisca Snoeck Henkemans have provided a new and illuminating perspective on the context-dependency of argumentative discourse.

Language and Legal Judgments

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Publisher : Taylor & Francis
ISBN 13 : 1003847803
Total Pages : 186 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Language and Legal Judgments by : Stanisław Goźdź-Roszkowski

Download or read book Language and Legal Judgments written by Stanisław Goźdź-Roszkowski and published by Taylor & Francis. This book was released on 2024-02-06 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.

Between Text, Meaning and Legal Languages

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110799650
Total Pages : 212 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis Between Text, Meaning and Legal Languages by : Jan Engberg

Download or read book Between Text, Meaning and Legal Languages written by Jan Engberg and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.

Scrutinizing Argumentation in Practice

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Publisher : John Benjamins Publishing Company
ISBN 13 : 9027268088
Total Pages : 343 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Scrutinizing Argumentation in Practice by : Frans H. van Eemeren

Download or read book Scrutinizing Argumentation in Practice written by Frans H. van Eemeren and published by John Benjamins Publishing Company. This book was released on 2015-10-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scrutinizing Argumentation in Practice contains a selection of papers reflecting upon the use of argumentation in real life contexts. The first five sections are devoted to argumentation in a specific institutional context: scientific controversies, argumentation in politics, argumentation in a legal context, argumentation in education, argumentation in an interpersonal context. The last section deals with strategic maneuvering as a vital concept in studying argumentation in practice. The contributors are: Francesco Arcidiacono, Michael J. Baker, Sarah Bigi, Marina Bletsas, Stephanie Breux, William O. Dailey, Marianne Doury, Claudio Duran, Frans H. van Eemeren, Lindsay M. Ellis, Jeanne Fahnestock, Eveline T. Feteris, Bart Garssen, Anca Gâţă, Salma I. Ghanem, Sara Greco, Edward A. Hinck, Robert S. Hinck, Shelly S. Hinck, Henrike Jansen, Takayuki Kato, Susan L. Kline, Pascale Mansier, Bert Meuffels, Celine Miserez-Caperos, D’Arcy Oaks, Sachinidou Paraskevi, Anne-Nelly Perret-Clermont, H. José Plug, Takeshi Suzuki, and David Zarefsky.

Argument Types and Fallacies in Legal Argumentation

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Publisher : Springer
ISBN 13 : 3319161482
Total Pages : 222 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Argument Types and Fallacies in Legal Argumentation by : Thomas Bustamante

Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Language Use, Education, and Professional Contexts

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Publisher : Springer Nature
ISBN 13 : 3030960951
Total Pages : 231 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Language Use, Education, and Professional Contexts by : Barbara Lewandowska-Tomaszczyk

Download or read book Language Use, Education, and Professional Contexts written by Barbara Lewandowska-Tomaszczyk and published by Springer Nature. This book was released on 2022-04-06 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book addresses language and its diverse forms in an array of professional and practical contexts. Besides discussing the intricacies of specialized settings such as legal, medical, technical or corporate, the collection also focuses on the role of education in relation to professional contexts ranging from challenges in professional university teaching and translation didactics to business environment requirements.

Fundamentals of Legal Argumentation

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Publisher : Boom Koninklijke Uitgevers
ISBN 13 : 9780792355847
Total Pages : 244 pages
Book Rating : 4.3/5 (558 download)

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Book Synopsis Fundamentals of Legal Argumentation by : E. T. Feteris

Download or read book Fundamentals of Legal Argumentation written by E. T. Feteris and published by Boom Koninklijke Uitgevers. This book was released on 1999-03-31 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique 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 all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.

Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence

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Publisher : Springer Science & Business Media
ISBN 13 : 9400761104
Total Pages : 282 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence by : Michał Araszkiewicz

Download or read book Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence written by Michał Araszkiewicz and published by Springer Science & Business Media. This book was released on 2013-04-05 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.

Legal Meanings

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110720965
Total Pages : 200 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis Legal Meanings by : Janet Giltrow

Download or read book Legal Meanings written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-09-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is about how law makes meaning and how meaning makes law. Through clear methodology and substantial findings, chapters expose the deficits of ‘literal’ meaning and the difficulties in 'ordinary' meaning, in international legal contexts and in more immediate social ones, as well as in courtrooms. Further, chapters in this volume see the challenges to national and international commitments to all speakers sharing a common meaning.

The Decision-Making Process of Investor-State Arbitration Tribunals

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041196579
Total Pages : 336 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Decision-Making Process of Investor-State Arbitration Tribunals by : Mary Mitsi

Download or read book The Decision-Making Process of Investor-State Arbitration Tribunals written by Mary Mitsi and published by Kluwer Law International B.V.. This book was released on 2018-12-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.

The Type Theory of Law

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Publisher : Springer
ISBN 13 : 331930643X
Total Pages : 113 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis The Type Theory of Law by : Marko Novak

Download or read book The Type Theory of Law written by Marko Novak and published by Springer. This book was released on 2016-05-10 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung’s psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did.

Statutory Interpretation

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Publisher : Cambridge University Press
ISBN 13 : 1108429343
Total Pages : 347 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Statutory Interpretation by : Douglas Walton

Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.

A Treatise of Legal Philosophy and General Jurisprudence

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Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1912 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1912 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

A Discourse Perspective on Bunreacht na hÉireann

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527557944
Total Pages : 160 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis A Discourse Perspective on Bunreacht na hÉireann by : Davide Mazzi

Download or read book A Discourse Perspective on Bunreacht na hÉireann written by Davide Mazzi and published by Cambridge Scholars Publishing. This book was released on 2020-08-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions tell us something about the shared values cherished by nations who adopt them. By reason of their significance for the countries where they are in force, constitutional texts may be approached from various perspectives, including political science and legal theory. In this book, a different angle is taken on the matter. As its object of study, the Constitution of Ireland is investigated from a discourse perspective. In particular, the volume fields the following research questions: Why has the Constitution been such a key document for the Republic?; What was and is the impact of the Constitution on Irish public discourse, at both a popular and a specialised level?; How was the Constitution represented and “argued” by the Irish press upon its enactment?; How has it entered the argumentation of Irish judges across the decades, as they have been required to pronounce on the compatibility of proposed legislation with its norms? By combining a wide range of analytical approaches, the book establishes a workable, integrated and highly flexible methodological framework for the study of the relationship between Ireland’s founding charter and the country’s public sphere.

The Logic of Legal Argumentation

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Publisher : Taylor & Francis
ISBN 13 : 1003853196
Total Pages : 179 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Logic of Legal Argumentation by : Marko Novak

Download or read book The Logic of Legal Argumentation written by Marko Novak and published by Taylor & Francis. This book was released on 2024-02-26 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a thorough analysis of multi-modal argumentation and its practicality within the law. Takes both a descriptive and a normative approach. Applicable in a variety of areas, from Philosophy of Law to Communication Studies.