Justice Law And Argument Essays On Moral And Legal Reasoning
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| Author | : Ch. Perelman |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 199 |
| Release | : 2012-12-06 |
| Genre | : Philosophy |
| ISBN | : 9400990103 |
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
| Author | : Eveline T. Feteris |
| Publisher | : Springer |
| Total Pages | : 371 |
| Release | : 2017-07-10 |
| Genre | : Philosophy |
| ISBN | : 9402411291 |
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 | : Christopher Berry Grey |
| Publisher | : Routledge |
| Total Pages | : 485 |
| Release | : 2013-07-04 |
| Genre | : Philosophy |
| ISBN | : 1135582769 |
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
| Author | : Christopher Berry Gray |
| Publisher | : Taylor & Francis |
| Total Pages | : 485 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : 0815313446 |
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.
| Author | : Aleksandra Mężykowska |
| Publisher | : Taylor & Francis |
| Total Pages | : 228 |
| Release | : 2023-05-24 |
| Genre | : Law |
| ISBN | : 1000897168 |
This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one’s private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.
| Author | : H. L. Ho |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 362 |
| Release | : 2008-03-06 |
| Genre | : Law |
| ISBN | : 0199228302 |
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
| Author | : Lee Wilkins |
| Publisher | : Routledge |
| Total Pages | : 606 |
| Release | : 2020-03-13 |
| Genre | : Social Science |
| ISBN | : 1134792778 |
This fully updated second edition of the popular handbook provides an exploration of thinking on media ethics, bringing together the intellectual history of global mass media ethics over the past 40 years, summarising existing research and setting future agenda grounded in philosophy and social science. This second edition offers up-to-date and comprehensive coverage of media ethics, including the ethics of sources, social media, the roots of law in ethics, and documentary film. The wide range of contributors include scholars and former professionals who worked as journalists, public relations professionals, and advertising practitioners. They lay out both a good grounding from which to begin more in-depth and individualized explorations, and extensive bibliographies for each chapter to aid that process. For students and professionals who seek to understand and do the best work possible, this book will provide both insight and direction. Standing apart in its comprehensive coverage, The Routledge Handbook of Mass Media Ethics is required reading for scholars, graduate students, and researchers in media, mass communication, journalism, ethics, and related areas.
| Author | : M. Kelly Carr |
| Publisher | : MSU Press |
| Total Pages | : 394 |
| Release | : 2018-05-01 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1628953314 |
Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.
| Author | : E. W. Thomas |
| Publisher | : Cambridge University Press |
| Total Pages | : 448 |
| Release | : 2005-09-15 |
| Genre | : Law |
| ISBN | : 9781139446983 |
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
| Author | : Austin Sarat |
| Publisher | : University of Michigan Press |
| Total Pages | : 354 |
| Release | : 1996-01-23 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9780472083862 |
DIVAn interdisciplinary critique of the relationship between words and the law /div
