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.
Les mer
A Survey of Theories on the Justification of Judicial Decisions
Produktdetaljer
ISBN
9789402411294
Publisert
2018
Utgave
2. utgave
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter