This book examines in some detail how our concepts of an ideal or
universal' audience influence legal argument. It shows how asking
what are the arguments and the forms of argumentation that we
believe would be accepted by such an audience, is a useful
analytical tool. The book explores what, if any, are the
constraints that our vision of an ideal audience imposes on public
discourse and particularly on legal discourse. Some visions of a
universal audience are widely shared; others are only shared within
particular political and legal cultures. Stylistic preferences can
have as important an influence on legal decision making as do
substantive preferences. In some cultures and legal systems there
is a preference to resort to broad general principles; in others
there is a preference for a more circumscribed and particular mode
of legal argument. Different legal cultures have different
idealized notions as to the role of the judge. Different
conceptions of the role of the judge will influence many aspects of
legal decision making, including how statutes and other
authoritative official instruments should be interpreted. All these
issues will also be influenced by how a particular legal culture
envisions the common or public good and by how tolerant a
particular legal culture is of diverse outcomes, that is by how
much discretion superior legal decision makers are prepared to
grant inferior decision makers. This volume will be of interest to
academics and professionals in the fields of legal philosophy,
argumentation and comparative law.
General
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