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Justice, Law, and Argument - Essays on Moral and Legal Reasoning (Paperback, Softcover reprint of the original 1st ed. 1980)
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Justice, Law, and Argument - Essays on Moral and Legal Reasoning (Paperback, Softcover reprint of the original 1st ed. 1980)
Series: Synthese Library, 142
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This collection contains studies on justice, juridical reasoning
and argumenta tion which contributed to my ideas on the new
rhetoric. My reflections on justice, from 1944 to the present day,
have given rise to various studies. The ftrst of these was
published in English as The Idea of Justice and the Problem of
Argument (Routledge & Kegan Paul, London, 1963). The others, of
which several are out of print or have never previously been
published, are reunited in the present volume. As justice is, for
me, the prime example of a "confused notion," of a notion which,
like many philosophical concepts, cannot be reduced to clarity
without being distorted, one cannot treat it without recourse to
the methods of reasoning analyzed by the new rhetoric. In
actuality, these methods have long been put into practice by
jurists. Legal reasoning is fertile ground for the study of
argumentation: it is to the new rhetoric what mathematics is to
formal logic and to the theory of demonstrative proof. It is
important, then, that philosophers should not limit their
methodologi cal studies to mathematics and the natural sciences.
They must not neglect law in the search for practical reason. I
hope that these essays lead to be a better understanding of how law
can enrich philosophical thought. CH. P."
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