Legal Argumentation Theory

Author: Shu Guoying
Publisher:
Publish Date: 2003-11-01
Features: Preface in German Preface in English Preface in Chinese Preface: "Breaking the "Münchhausen Dilemma" (Deputy Preface) Introduction The Difficulty of Justifying Legal Judgments The Justification and Evaluation of Law Attempts at Certain Solutions The Basic Approach of This Book The Definition of Argumentation Theory The Need for Rationality in Contemporary Methodological Discourse Chapter Reflections on Several Practical Argumentation Theories Moral Analysis in Philosophy of Practice Naturalism and Intuitionism Emotionism as Practical Argumentation Ruled by Rules Hare's Theory Toulmin's Theory Berlin's Theory Some Tentative Conclusions Chapter 2 Habermas's Theory of Truth and Consensus Habermas's Critique of the Correspondence Theory of Truth The Combination of Speech Act Theory and Theory of Truth The Distinction Between Acts and Argumentation The Justification of Normative Propositions The Logic of Argumentation The Ideal Speech Situation Critical Discussion of Habermas's Theory Chapter 3 The Practical Discourse Theory of the Erlangen School The Program of the Constructionist Methodology The Principles of Constructivist Ethics The Presuppositions of Constructivist Ethics The Critique of the Normative System Points to Be Adhered To in the Generation Chapter 4 Chaim Perelman's Theory of Argumentation Part II: Universal Rationality and Practical Argumentation Theory General Overview of Practical Argumentation Theory Chapter Legal Argumentation as a Special Case of Universal Practical Argumentation Chapter General Overview of Legal Argumentation Theory Chapter Legal Argumentation and Universal Practical Argumentation