The role of the judge in legal proceedings: a pragma-dialectical analysis
| Authors |
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| Publication date |
2012
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| Journal |
Journal of Argumentation in Context
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| Volume | Issue number |
1 | 2
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| Pages (from-to) |
234-252
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| Organisations |
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Faculty of Humanities (FGw) - Amsterdam Institute for Humanities Research (AIHR) - Amsterdam School for Cultural Analysis (ASCA)
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| Abstract |
In this contribution I characterize the role of the judge in the context of the argumentative activity of legal proceeding. I describe the role of the judge from a pragma-dialectical perspective and explain in which way this role promotes a rational resolution of the dispute. I specify how a critical discussion in accordance with the ideal model is implemented in legal procedure to accomplish the institutional point, a resolution of the dispute in accordance with the Rule of Law.
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| Document type |
Article
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| Language |
English
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| Published at |
https://doi.org/10.1075/jaic.1.2.05fet
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