| Description |
1 online resource (viii, 229 pages) : illustrations |
| Contents |
International Conference on Legal Argumentation and the Rule of Law / Sanne Taekema -- Legal argumentation and the rule of law / Eveline Feteris, Harm Kloosterhuis, H. José Plug and Carel Smith -- Judicial discretion and the rule of law / Damiano Canale and Giovanni Tuzet -- The rule of dual-natured law / Matthias Klatt -- Prototypical argumentative patterns in the justification of judicial decisions : a pragma-dialectical perspective / Evelin T. Feteris -- The legal characterization of facts at the International Criminal Court / Richard Gaskins -- The Facebook judge? : how transparency in social media conflicts with the rule of law / Paul van den Hoven -- Analogy and e contrario : the facts, pet issues of perpetration, damage and damages / Hendrick Kaptein -- The burden of rationality : why and how should the judge justify her decision? / Bart van Klink -- Four fallacies about analogical reasoning and the rule of law / Harm Kloosterhuis and Carel Smith -- Improving judicial argumentation about evidence in Dutch unus testis cases / Anne Ruth Mackor -- Legal argumentation between 'monologue' and 'dialogue' : from the absolute rule to the rule of law / Maurizio Manzin -- Fundamental rights and the rule of law : rule of law as argument for interference / Antoinette J. Muntjewerff and Kirsten van Loo -- Arguing for certainty in criminal decision-making and the rule of law / Marko Novak -- Legislative argument and the rule of law / A. Daniel Oliver-Lalana -- Argumentative contributions to the settlement of conflicts in administrative judicial decisions / H. José Plug -- Due process and the rule of law : the role of argumentation in the defence of a fair trial / Federico Puppo -- Rule of law and legal epistemology / T.F. Eric Tjong Tjin Tai -- Rhetorical status theory as an institutional framework for legal discussions / Jean H.M. Wagemans -- Debiasing and rule of law / Frank Zenker and Christian Dahlman |
| 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 |
| Bibliography |
Includes bibliographical references |
| Notes |
Print version record |
| Subject |
Forensic orations.
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Rule of law.
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LAW -- Civil Procedure.
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LAW -- Legal Services.
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POLITICAL SCIENCE -- Government -- Judicial Branch.
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Forensic orations
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Rule of law
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| Form |
Electronic book
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| Author |
Feteris, E. T., editor
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Kloosterhuis, H., editor
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Plug, H. J. (Henny José), editor.
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Smith, C. E
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| ISBN |
9789462745971 |
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9462745978 |
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