899 research outputs found

    Arguments from Unacceptable Consequences and a Reasonable Application of Law

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    Towards Computer Support for Pragma-Dialectical Argumentation Analysis

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    Computer tools are increasingly used to support the analysis of argumentative texts. Generic support for argumentation analysis is helpful, but catering to the requirements of specific theoretical approaches has additional advantages. Although the pragma-dialectical method of analyzing argumentative texts is widely used, no dedicated computational support tools exist. An outline is presented for the development of such tools, that starts with the formal approximation of the pragma-dialectical ideal model of a critical discussion

    The Pragma-Dialectical Reconstruction of Teleological-Evaluative Argumentation in Complex Structures of Legal Justification

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    I give a pragma-dialectical reconstruction of the role of teleological-evaluative argumentation referring to goals and values in the justification of judicial decisions. I establish the role and place of this form of argumentation in complex forms of justification in which the argumentation interacts with other forms of legal argumentation. I will do this by integrating the insights from legal theory and legal philosophy into a pragma-dialectical framework for the analysis and evaluation of argumentation

    Pitfalls in the Evaluation of Argumentation in the Legislative Process

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    The quality of argumentation in parliamentary debates may play an important role in the evaluation of legislative decisions. In this contribution I will discuss shortcomings in the application of the pragma-dialectical argumentation theory for the analysis and evaluation of the argumentation in a parliamentary debate on the penalization of stalking. The case illustrates that institutional preconditions of a specific type of debate should be taken into account in order to be able to give an adequate analysis of these debates

    Legitimation and Strategic Maneuvering in the Political Field

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    This article combines a pragma-dialectical conception of argumentation, a sociological conception of legitimacy and a sociological theory of the political field. In particular, it draws on the theorization of the political field developed by Pierre Bourdieu and tries to determine what new insights into the concept of strategic maneuvering might be offered by a sociological analysis of the political field. I analyze a speech made by the President of Romania, Traian Băsescu, following his suspension by Parliament in April 2007. I suggest that the argument developed in this speech can be regarded as an example of adjudication and I discuss its specificity as an adjudication in the political field in an electoral campaign. I also try to relate legitimation as political strategy to strategic maneuvering oriented to meeting the contradictory demands of the political field, which I see—following Bourdieu—as involving a double political game, a game of democratic representation and a game of power

    In Context

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    Strategic Manoeuvring with Linguistic Arguments in the Justification of Legal Decisions

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    Participants to a legal process often use linguistic arguments to support their claim. With a linguistic argument it is shown that the proposed interpretation of a rule is based on the meaning of the words used in the rule in ordinary or technical language. The reason why a linguistic argument is chosen as a support for a legal claim is that linguistic arguments are considered to have a preferred status in justifying a legal decision. However, this preferred status can also be ‘misused’ for rhetorical reasons. In my contribution I analyse and evaluate an example of a form of strategic manoeuvring with a linguistic argument that often occurs in discussions about the application of legal rules and I explain how the strategic manoeuvring derails. I explain that the strategic manoeuvring with the linguistic argument constitutes a complex form of strategic manoeuvring that consists of a combination of two manoeuvres
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