Principles of Legal Argumentation - An Overview of the Theory of Justification in Judicial Decisions

Author: (Dutch) Frits de Vries Zhang Qishan
Publisher:
Publish Date: 2005-11-22
Features: Today, legal argumentation has become an important research topic worldwide. In recent decades, the study of legal argumentation has not only occupied a significant position in argumentation theory, legal theory, jurisprudence, and legal philosophy but also in the legal reasoning courses of law schools in universities. However, a comprehensive introduction to the main achievements of legal argumentation research has yet to be provided. This book offers a critical overview of legal argumentation research in various countries and under different theoretical backgrounds, as well as the fundamental issues in legal argumentation research. The focus of the book is on the analysis and evaluation of legal argumentation. In the conclusion, a theoretical framework is proposed that can systematically and principledlly present various research methods. On this basis, the book outlines the direction for future research. This book is suitable for jurists, legal philosophers, argumentation theorists, law students, and anyone interested in the theoretical and practical issues of legal argumentation. Until now, only readers in the English-speaking world have had access to this book. Now, thanks to the efforts of Dr. Qi Yuan, the book has been translated into Chinese, making it available to a broader audience interested in the development of legal argumentation theory. I sincerely hope it will promote discussions among jurists and law students worldwide on the fundamental issues of legal argumentation. Legal argumentation has become an important research topic. In recent years, the study of legal argumentation has not only played a significant role in general argumentation theory, legal theory, jurisprudence, and legal philosophy but also in the legal reasoning courses of universities and law schools. However, a comprehensive introduction to the most important research achievements in legal argumentation has yet to be provided. This book offers a critical overview of legal argumentation research under different countries and theoretical traditions, as well as the fundamental issues in argumentation and legal research. The book focuses on the analysis and evaluation of legal argumentation and proposes a theoretical framework in the conclusion that can systematically and principledlly reflect various research approaches. Based on this systematic framework, the book outlines the direction for future research. This book is suitable for legal scholars, legal philosophers, argumentation theorists, philosophers, law students, and all those interested in the theoretical and practical issues of legal argumentation.