The Rational Reconstruction of Argumentation Referring to Consequences and Purposes in the Application of Legal Rules: A Pragma-Dialectical Perspective |
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Authors: | Email author" target="_blank">Eveline?T?FeterisEmail author |
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Institution: | (1) Department of Speech Communication, Argumentation Theory and Rhetoric, University of Amsterdam, Netherlands |
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Abstract: | In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision
is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating
insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the
purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal
practice, it is demonstrated that the instrument can offer a heuristic and critical tool for the analysis and evaluation of
legal argumentation that can ‘bridge’ the gap between more abstract discussions of forms of legal argumentation on the one
hand, and legal arguments as they occur in actual legal practice on the other hand. |
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Keywords: | consequentialist argumentation legal argumentation legal interpretation legal reasoning teleological interpretation |
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