A Theory of Legal Argumentation av Alexy Robert, Adler Ruth, MacCormick Neil - 9780199584222 - Jure bokhandel

 

 
 
A Theory of Legal Argumentation
– The Theory of Rational Discourse as Theory of Legal Justification
   
 
Författare:Alexy Robert , Adler Ruth , MacCormick Neil
Titel:A Theory of Legal Argumentation – The Theory of Rational Discourse as Theory of Legal Justification
Utgivningsår:2010
Omfång:323 sid.
Förlag:Oxford University Press
ISBN:9780199584222
Ämnesord:Allmän rättslära

Pris: 379 SEK exkl. moms

 

Presents an influential theory of legal reasoning
Addresses fundamental issues of law that are as important to practitioners as they are to legal theorists and students of law
What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practising lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation.

A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.


Readership: Academics in the field of legal philosophy
 
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