- A pragma-dialectical approach of legal argumentation: The role of pragmatic argumentation in the justification of judicial decisions
- Book title
- Scrutinizing argumentation in practice
- Pages (from-to)
- Amsterdam: John Benjamins
- Argumentation in context
- Volume | Edition (Serie)
- Document type
- Faculty of Humanities (FGw)
- Amsterdam Center for Language and Communication (ACLC)
In this contribution I discuss the role of pragmatic argumentation referring to consequences, goals and values in complex structures of legal justification. From a pragma-dialectical perspective I describe the stereotypical patterns of legal justification in hard cases and specify the different ways in which these stereotypical patterns can be implemented in different contexts in which judges give a decision that they justify by referring to consequences, goals and values.
Keywords: argumentation, legal values, legal argumentation, goal argumentation, argumentation from consequences, pragmatic argumentation, justification of legal decisions, pragma-dialectics
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