The rational reconstruction of weighing and balancing on the basis of teleological-evaluative considerations in the justification of judicial decisions

Authors
Publication date 2008
Journal Ratio Juris
Volume | Issue number 21 | 4
Pages (from-to) 481-495
Organisations
  • Faculty of Humanities (FGw) - Amsterdam Institute for Humanities Research (AIHR) - Amsterdam School for Cultural Analysis (ASCA)
Abstract In this contribution the author develops an argumentation model for the reconstruction of weighing and balancing on the basis of teleological-evaluative considerations. The model is intended as a heuristic and critical tool for the rational reconstruction of the justification of judicial decisions. From the perspective of a rational discussion, it makes explicit the choices underlying the weighing and balancing on the basis of goals and values so that they can be made explicit and submitted to rational critique.

Document type Article
Published at https://doi.org/10.1111/j.1467-9337.2008.00402.x
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