Legal Argumentation: Reasoned Dissensus and Common Ground

C. Smith


Engels | 01-03-2024 | 190 pagina's

9789462129214

Paperback / softback


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Tekst achterflap

In legal argumentation, dissensus is the point of departure, consensus the endpoint. However, the relationship between dissensus and consensus in argumentation is more complex than it looks at first sight. First, a fruitful debate presupposes not only a difference of opinion, but also commonalities of meaning and corresponding rationality criteria, that is, consensus or common ground. Second, legal argumentation does not always result in consensus. It also explicates and refines differences of opinion about the means of proof, methods of interpretation, or the values that should prevail. It follows that in legal discourse, dissensus and consensus are not only opposites, but also interconnected in a complex way. Legal Argumentation: Reasoned Dissensus and Common Ground includes contributions from law, argumentation theory, logic and philosophical perspectives, discussing the intriguing interconnection between dissensus and consensus in legal argumentation. The insights may be of interest not only to experts in Legal Methodology, Argumentation Theory and Legal Evidence, but to judges, lawyers and law students as well.

Beschrijving

In legal argumentation, dissensus is the point of departure, consensus the endpoint. However, the relationship between dissensus and consensus in argumentation is more complex than it looks at first sight. First, a fruitful debate presupposes not only a difference of opinion, but also commonalities of meaning and corresponding rationality criteria, that is, consensus or common ground. Second, legal argumentation does not always result in consensus. It also explicates and refines differences of opinion about the means of proof, methods of interpretation, or the values that should prevail. It follows that in legal discourse, dissensus and consensus are not only opposites, but also interconnected in a complex way. Legal Argumentation: Reasoned Dissensus and Common Ground includes contributions from law, argumentation theory, logic and philosophical perspectives, discussing the intriguing interconnection between dissensus and consensus in legal argumentation. The insights may be of interest not only to experts in Legal Methodology, Argumentation Theory and Legal Evidence, but to judges, lawyers and law students as well.

Details

EAN :9789462129214
Auteur: 
Uitgever :Boom uitgevers Den Haag
Publicatie datum :  01-03-2024
Uitvoering :Paperback / softback
Taal/Talen : Engels
Hoogte :240 mm
Breedte :165 mm
Dikte :11 mm
Gewicht :322 gr
Status :POD (Beschikbaar als print-on-demand.)
Aantal pagina's :190
Keywords :  argumentatietheorie;dissensus;juridisch bewijs;juridische argumentatie;juridische methodologie;logica