IDEAS home Printed from https://ideas.repec.org/p/hig/wpaper/28-law-2013.html
   My bibliography  Save this paper

The soundness of judicial argumentation

Author

Listed:
  • Alexander E. Chuvilin

    () (National Research University Higher School of Economics)

Abstract

One 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

Suggested Citation

  • Alexander E. Chuvilin, 2013. "The soundness of judicial argumentation," HSE Working papers WP BRP 28/LAW/2013, National Research University Higher School of Economics.
  • Handle: RePEc:hig:wpaper:28/law/2013
    as

    Download full text from publisher

    File URL: http://www.hse.ru/org/hse/wp/prepfr_LAW?_r=114681387788857.96165&__t=975930&__r=OK
    Download Restriction: no

    More about this item

    Keywords

    Courts; Russian civil procedure; US civil procedure; legal argumentation; standards of soundness;

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hig:wpaper:28/law/2013. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Shamil Abdulaev) or (Victoria Elkina). General contact details of provider: http://edirc.repec.org/data/hsecoru.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.