Principles of Legal Argumentation—An Overview of the Theory of Justification for Judicial Decisions

Author: (Dutch) Filip Vandersloot
Publisher:
Publish Date: 2005-11-01
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 argument theory, legal theory, jurisprudence, and legal philosophy but has also begun to play a crucial role in legal reasoning courses in law schools across universities. However, a comprehensive introduction to the main achievements of legal argumentation research remains lacking to this day. This book provides 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, which allows for the systematic and principled presentation of various research methods. On this basis, the book outlines the direction for future research. This book is suitable for jurists, legal philosophers, argument 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. Thanks to Dr. Qi Yuan's efforts, this book has now 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 argument theory, legal theory, jurisprudence, and legal philosophy but has also begun to take center stage in legal reasoning courses in universities and law schools. However, a concise introduction to the most important achievements in legal argumentation research remains absent to this day. This book offers a critical overview of legal argumentation research in various countries and under different theoretical traditions, as well as the fundamental issues in argumentation and legal research. The book emphasizes the analysis and evaluation of legal argumentation and proposes a theoretical framework in the conclusion that allows for the systematic and principled representation of various research approaches. Based on this framework, the book outlines the direction for future research. This book is intended for legal scholars, legal philosophers, argument theorists, philosophers, law students, and all those interested in the theoretical and practical aspects of legal argumentation.