The soundness of judicial argumentation
AbstractOne of the main aims for the argumentation theorists around the world is to define standards for the soundness of argumentation. Many authors, such as Chaim Perelman or Steven Toulmin, have emphasized the role that the field of argumentation plays in defining such standards. Judicial argumentation is strongly connected with legal procedure and substantive laws. But can we say that some rules of judicial argumentation are vested in legal rules? Can we derive standards of judicial argumentation from substantive and procedural laws? This paper answers these questions on the basis of Russian and US legislation. The present treatise is aimed at outlining the main aspects of the problem and elaborating directions for future research
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Bibliographic InfoPaper provided by National Research University Higher School of Economics in its series HSE Working papers with number WP BRP 28/LAW/2013.
Length: 12 pages
Date of creation: 2013
Date of revision:
Publication status: Published in WP BRP Series: Law / LAW, December 2013, pages 1-12
Courts; Russian civil procedure; US civil procedure; legal argumentation; standards of soundness;
Find related papers by JEL classification:
- K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
This paper has been announced in the following NEP Reports:
- NEP-ALL-2014-01-10 (All new papers)
- NEP-CIS-2014-01-10 (Confederation of Independent States)
- NEP-LAW-2014-01-10 (Law & Economics)
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