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DiaLaw - On Legal Justification and Dialogical Models of Argumentation (Hardcover, 1999 ed.)
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DiaLaw - On Legal Justification and Dialogical Models of Argumentation (Hardcover, 1999 ed.)
Series: Law and Philosophy Library, 42
Expected to ship within 10 - 15 working days
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This book is a revised version of my dissertation 'DiaLaw - on
legal th justification and dialog games' that I defended on June 5
1998 at the Universiteit Maastricht. The chapters 1, 4 & 5
(now: 1, 5 & 6) of my dissertation have remained largely
unaltered. In chapter 2 I added explicitly the distinction between
constructing legal justification and reconstructing it, and tried
to elucidate the differences (and similarities) between the product
and process of justification. Chapter 3 is divided into two
chapters: one on the general characteristics of DiaLaw (now:
chapter 3), and the other on specific, legal characteristics of
DiaLaw (now: chapter 4). In order to improve readability, all rules
in these chapters have been rewritten considerably. The section on
the implementation of DiaLaw is moved to the appendix. In chapter 7
(the former chapter 6), a discussion of the notions 'procedural'
and 'structural' arguments is added, and different layers in
argumentation models are discussed. Finally, in chapter 8 (the
former chapter 7) is added a recapitulation of my view on legal
justification, and a discussion on the future use in legal practice
of dialog models that represent argumentation in a natural way. The
main thesis has remained unaltered: legal justification should be
modeled as a procedural, dialogical model in which not only
products of argumentation are allowed, but, even in formal models,
rhetorical, psychological aspects of argument are dealt with.
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