Statutory Interpretation
eBook - PDF

Statutory Interpretation

Pragmatics and Argumentation

Douglas Walton, Fabrizio Macagno, Giovanni Sartor

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eBook - PDF

Statutory Interpretation

Pragmatics and Argumentation

Douglas Walton, Fabrizio Macagno, Giovanni Sartor

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About This Book

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.

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Information

Year
2021
ISBN
9781108626989
Topic
Law
Index
Law

Table of contents