Legal Argumentation and the Rule of Law
- 238 pages
- English
- PDF
- Available on iOS & Android
Legal Argumentation and the Rule of Law
About this book
Modern legal systems are characterized by a tension between two commonplaces: the Rule of Law on the one hand, and the arguable character of law on the other. The Rule of Law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement. In this book, expert scholars come together to offer interdisciplinary approaches to debate this tension and its possible reconciliation. Central in their perspective is that reconciliation is possible when the Rule of Law also incorporates rules for reason-giving. Reason-giving should be part of a substantive conception of the Rule of Law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the Rule of Law show how insights of two traditions are connected. This collection of essays includes contributions from law, argumentation theory, logic and philosophical perspectives. This multifaceted approach demonstrates the variety of questions that emerge at the intersection of both commonplaces. This volume fills a remarkable void in the current literature on the Rule of Law. It should be welcomed, not only by experts in Legal Methodology, Argumentation Theory and Rhetoric, but by judges, lawyers and law students as well. [Subject: Constitutional Law, Legal Theory, Civil Law]
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Table of contents
- 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?
- Four Fallacies about Analogical Reasoning and the Rule of Law
- Improving Judicial Argumentation about Evidence in Dutch Unus Testis Cases
- Legal Argumentation between ‘Monologue’ and ‘Dialogue’
- Fundamental Rights and the Rule of Law
- Arguing for Certainty in Criminal Decision-Making and the Rule of Law
- Legislative Argumentation and the Rule of Law
- Argumentative Contributions to the Settlement of Conflicts in Administrative Judicial Decisions
- Due Process and the Rule of Law: The Role of Argumentation in the Defence of a Fair Trial
- Rule of Law and Legal Epistemology
- Rhetorical Status Theory as an Institutional Framework for Legal Discussions
- Debiasing and Rule of Law