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Fundamentals of Legal Argumentation - A Survey of Theories on the Justification of Judicial Decisions (Hardcover, 2nd ed. 2017)
Loot Price: R4,622
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Fundamentals of Legal Argumentation - A Survey of Theories on the Justification of Judicial Decisions (Hardcover, 2nd ed. 2017)
Series: Argumentation Library, 1
Expected to ship within 12 - 17 working days
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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.
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