A theory of legal argumentation the theory of rational discourse as theory of legal justification by Robert Alexy

Cover of: A theory of legal argumentation | Robert Alexy

Published by Oxford University Press in Oxford [England], New York .

Written in English

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Edition Notes

Book details

StatementRobert Alexy ; translated by Ruth Adler and Neil MacCormick
Classifications
LC ClassificationsK213 .A4313 2010
The Physical Object
Paginationxiii, 323 p. ;
Number of Pages323
ID Numbers
Open LibraryOL24469389M
ISBN 109780199584222, 9780198255031
LC Control Number2010287264

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A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book.

The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German by: A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification by Robert Werner Alexy A Theory of Legal Argumentation book.

Read reviews from world’s largest community for readers. What is to be understood by 'rational legal argument'?/5(4). This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation A theory of legal argumentation book, 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.

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification by Robert Alexy. Goodreads helps you keep track of books you want to read.

Start by marking “A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification” as Want to Read: Want to Read/5. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning.

This theory is the subject matter of the first two parts of the book. The. About this book 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. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning.

This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third.

Download a theory of legal argumentation or read online here A theory of legal argumentation book PDF or EPUB. Please click button to get a theory of legal argumentation book now. All books are in clear copy here, and all files are secure so don't worry about it. This site is like a library, you could find million book here by using search box in the widget.

A Theory Of Legal. lawyers and judges to construct legal arguments in increasingly dif-ficult cases. This chapter is a condensed version of the jurispru-dential theory set forth in the article The Stages of Legal Reasoning: Formalism, Analogy, and Realism, 48 Villanova Law Review– ().

I wish to acknowledge and thank the editors of the Vil. and the theory of the Five Types of Legal Arguments can help with that. As students of the law, understanding the different types of arguments helps us to analyze difficult legal problems. If you can identify what type of argument you are studying, then you have taken the first step towards identifying the strengths and weaknesses of that.

Robert AlexyRuth Adler and Neil MacCormick. Presents an influential theory of legal reasoning. Addresses fundamental issues of law that are as important to practitioners as they are to legal theorists and students of law.

A Theory of Legal Argumentation. 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.

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising.

"Theorie der juristischen Argumentation" is the original German work from which this has been translated. It presents a theory of legal reasoning which pre-supposes a theory of general practical reasoning.

This theory is the subject matter of the first two parts of the book/5(21). “In this book Douglas Walton builds on his earlier research and shows how it has application to many of the difficult questions that arise in legal reasoning.

He brings a dialectical theory of argumentation as well as a theory of plausible reasoning to bear on the traditional problems of legal : Douglas Walton. This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning.

A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning.

This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of Author: Robert Alexy.

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.

P1: FpQ CY 0 3 September 9, 2 A systematic theory of argumentation argumentation is a verbal activity, which takes place by means of lan- guage use,2 a social activity, which is as a rule directed at other people,3 and a rational activity, which is generally based on intellectual consid- erations.4 Another important characteristic of argumentation is that.

Description: A Theory of Argument is an advanced textbook intended for students in philosophy, communications studies and linguistics who have completed at least one course in argumentation theory, information logic, critical thinking or formal logic.

Alexy considers the process of justification of normative statements as a practical discussion or ‘practical discourse’ and the process of justification of legal decisions as ‘legal discourse’.

1 Since a legal discussion in which legal norms are defended is a specific form of general practical discourse, a theory of legal argumentation Author: Eveline T. Feteris. Request PDF | Legal Argumentation Theory and the Concept of Law | In this essay, argumentation in law is approached from a particular perspective, that of jurisprudence.

More specifically, the aim. analyze argumentation structures, how to c1assifY argumentation schemes, how to assess argumentation, how to identifY fallacies, how to conduct a discussion, et cetera. In its present state, Informal Logic is a comprehensive research programme rather than an elaborated theory of argumentation.

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification by Robert; Adler, Ruth; MacCormick, Neil Alexy ISBN ISBN Paperback; Oxford University Press; ISBN Approaches to legal argumentation in logic, argumentation theory and philosophy Approaches to legal argumentation in legal theory A model for the analysis and evaluation of legal argumentation: five components of a dialogical theory of legal argumentation BIBLIOGRAPHY AUTHOR INDEX SUBJECT INDEX ix.

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 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.

A theory of legal argumentation. The theory of rational discourse as theory of legal justification. Whilst firmly situated within the field of EU law, the book also employs theories developed.

From the back cover: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 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.

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law.

Two men argue at a political protest in New York City. Argumentation theory, or argumentation, is the interdisciplinary study of how conclusions can be reached through logical reasoning; that is, claims based, soundly or not, on premises. It includes the arts and sciences of civil debate, dialogue, conversation, and persuasion.

Translated by Neil MacCormick as "A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification" (Clarendon, ) Theorie der Grundrechte (Suhrkamp, ; second edition ) Translated by Julian Rivers as "A Theory of. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation.

It was the recipient of the European Award for Legal Theory in Theory of Legal Argumentation (Oxford: Clarendon Press, ).

The same is true of non-legal argumentation theories too: see Toulmin, The Uses of Argument (Cambridge: Cambridge University Press, ). 2 The solution which has become customary in modern times, namely to. Argumentation is a vital factor for communication and it endured in our society for centuries.

This theory had its origin in foundationalism, a theory of justification or reasoning in the field of philosophy. But during those days the argumentation was based on oration and logic.

Get this from a library. A theory of legal argumentation: the theory of rational discourse as theory of legal justification. [Robert Alexy] -- "What is to be understood by 'rational legal argument'. This theory is the subject matter of the first two parts of the book.

The result is a theory of general practical discourse which rests on. Argumentation theory is a distinctly multidisciplinary field of inquiry. It draws its data, assumptions, and methods from disciplines as disparate as formal logic and discourse analysis, linguistics and forensic science, philosophy and psychology, political science and education, sociology and law, and rhetoric and artificial intelligence.

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification: Robert Alexy: Books - A theory of legal argumentation.[ Alexy, Robert; ]. What is to be understood by 'rational legal argument'.

To what extent can legal reasoning be rational. Is the demand for rationality in legal affairs justified. And what are the criteria of rationality in legal reasoning. The answer to these. legal result, and then to persuade the relevant audience that this theory is preferable to any theories offered by an opponent” (p.

Note also the emphasis on persua-sion, indicating that we should expect to see argumentation rather than proof. Both the importance of theory construction and the centrality of persuasive argument are. Argumentation and Theory or Evidence Argumentation and Theory of Evidence D.N.

Walton The purpose of this paper is to present some new methods widely in use in argumentation theory and informal logic that have applif:ations to the theory of evidence in law. In recent years, a new pragma-dialectical approach I to argumentation, along with. Thus, the development of a viable theory is the first order of business.

A trial is not a presentation of every fact and every remotely possible legal argument. Dumping all the facts and law into the jurors' laps will simply overwhelm them and obfuscate the important matters.Abstract. In this paper, an attempt is made to analyze the argumentative aspects of Kelsen’s critique of Natural Law Theory, as developed in the relevant segments of his Pure Theory of Law, in the framework of the general problem of grounding the normativity of critique is based on the idea that the main limitation of Natural Law Theory is its search for the foundation of validity.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.

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