Legal argumentation and the rule of law / edited by E.T Feteris, H. Kloosterhuis, H.J. Plug and C.E. Smith.
2016
K3171.A6 I584 2015 (Map It)
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Details
Meeting Name
Title
Legal argumentation and the rule of law / edited by E.T Feteris, H. Kloosterhuis, H.J. Plug and C.E. Smith.
Published
The Hague, The Netherlands : Eleven International Publishing, [2016]
Distributed
Portland, OR : Sold and distributed in USA and Canada [by] International Specialized Book Services
Copyright
©2016
Call Number
K3171.A6 I584 2015
ISBN
9789462367029
9462367027
9789462745971 (ebook)
9462367027
9789462745971 (ebook)
Description
viii, 229 pages : illustrations ; 24 cm
System Control No.
(OCoLC)958930273
Summary
"Modern legal systems are characterized by a tension between two commonplaces: the rule of law on the one hand, and the arguable character of law on the other. The rule of law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement. In this book ... scholars come together to offer interdisciplinary approaches to debate this tension and its possible reconciliation. Central in their perspective is that reconciliation is possible when the rule of law also incorporates rules for reason-giving. Reason-giving should be part of a substantive conception of the rule of law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the rule of law show how insights of two traditions are connected. This collection of essays includes contributions from law, argumentation theory, logic and philosophical perspectives. This multifaceted approach demonstrates the variety of questions that emerge at the intersection of both commonplaces."-- Back cover.
Note
Selection of papers from the International Conference on Legal Argumentation adn the Rule of Law, held at the Erasmus University Rotterdam, Erasmus School of Law on June 25 & 26, 2015.
Bibliography, etc. Note
Includes bibliographical references.
Available in Other Form
Online version: International Conference on Legal Argumentation and the Rule of Law (2015 : Erasmus Universiteit Rotterdam). Legal argumentation and the rule of law. The Hague : Eleven International Publishing, [2016] 9789462745971 (OCoLC)960210586
Record Appears in
Table of Contents
International Conference on Legal Argumentation and the Rule of Law / Sanne Taekema
vii
Legal Argumentation and the Rule of Law / Carel Smith
1
Judicial Discretion and the Rule of Law / Giovanni Tuzet
17
Rule of Dual-Natured Law / Matthias Klatt
27
Prototypical Argumentative Patterns in the Justification of Judicial Decisions -- A Pragma-Dialectical Perspective / Eveline T. Feteris
47
Legal Characterization of Facts at the International Criminal Court / Richard Gaskins
59
Facebook Judge? How Transparency in Social Media Conflicts with the Rule of Law / Paul van den Hoven
69
Analogy and E Contrario: The Facts -- Pet Issues of Perpetration, Damage and Damages / Hendrik Kaptein
79
Burden of Rationality: Why and How Should the Judge Justify Her Decision? / Bart van Klink
89
Four Fallacies about Analogical Reasoning and the Rule of Law / Carel Smith
99
Improving Judicial Argumentation about Evidence in Dutch Unus Testis Cases / Anne Ruth Mackor
111
Legal Argumentation between `Monologue' and `Dialogue' -- From the Absolute Ruler to the Rule of Law / Maurizio Manzin
123
Fundamental Rights and the Rule of Law -- Rule of Law as Argument for Interference / Kirsten van Loo
133
Arguing for Certainty in Criminal Decision-Making and the Rule of Law / Marko Novak
147
Legislative Argumentation and the Rule of Law / A. Daniel Oliver-Lalana
159
Argumentative Contributions to the Settlement of Conflicts in Administrative Judicial Decisions / H. Jose Plug
171
Due Process and the Rule of Law: The Role of Argumentation in the Defence of a Fair Trial / Federico Puppo
183
Rule of Law and Legal Epistemology / T.F. Eric Tjong Tjin Tai
193
Rhetorical Status Theory as an Institutional Framework for Legal Discussions / Jean H.M. Wagemans
205
Debiasing and Rule of Law / Christian Dahlman
217