Judicial rhetoric can probably be best defined by comparing it to formal logic though it is not the same thing. Formal logic adopts deductive reasoning procedures to distinguish the law, laid down as a major question, and the facts, laid down as a minor question. It belongs to a scientistic and prescriptivist conception of law. Judicial rhetoric, on the other hand, is based on Aristotelian writings as revived by C. Perelman from 1945 onwards, and aims to express the reality of trial wherein a judge, truly an actor of the law, comes to a sensible, satisfactory and fair decision. This decision is reached by confronting the various private interests for which the parties involved argue, their aim being to suggest a plausible reconstitution of ...
What is the fairest application of the law, applying it to the letter in all cases or allowing the j...
The semiotics of law cannot escape the problem of the justification and of the legitimation of the c...
In the realm of American jurisprudence, little draws more excitement or controversy than investigati...
One of the most crucial questions in the philosophy of law deals with the very nature of legal reaso...
When I started to study the relationship between legal logic and probabilistic logic, I immediately ...
A current focus of legal debate is the proper role of the courts in the interpretation of statutes a...
Legal theory has failed to fully explore the rhetorical in the judicial decision and, in doing so, h...
Legal argumentation is usually considered the more formal (or, at least, formalistic) kind of practi...
Mr. McLeod argues that the role of rules in judicial decision-making is commonly misunderstood by bo...
Értekezésemben ítélkezés-elméleti vizsgálódásokat végzek. Az ítélkezés-elmélet a bírói döntés elméle...
Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of th...
In this study, we will analyze how the dialectic provides methods that place the judge in a unique p...
Legal philosophy is viewed as irrelevant by virtually everyone except for legal philosophers. In thi...
For close to a century, students of judicial behavior have suggested that what judges think is not a...
The author gives an analysis of the strategic manoeuvring in the justification of legal decisions fr...
What is the fairest application of the law, applying it to the letter in all cases or allowing the j...
The semiotics of law cannot escape the problem of the justification and of the legitimation of the c...
In the realm of American jurisprudence, little draws more excitement or controversy than investigati...
One of the most crucial questions in the philosophy of law deals with the very nature of legal reaso...
When I started to study the relationship between legal logic and probabilistic logic, I immediately ...
A current focus of legal debate is the proper role of the courts in the interpretation of statutes a...
Legal theory has failed to fully explore the rhetorical in the judicial decision and, in doing so, h...
Legal argumentation is usually considered the more formal (or, at least, formalistic) kind of practi...
Mr. McLeod argues that the role of rules in judicial decision-making is commonly misunderstood by bo...
Értekezésemben ítélkezés-elméleti vizsgálódásokat végzek. Az ítélkezés-elmélet a bírói döntés elméle...
Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of th...
In this study, we will analyze how the dialectic provides methods that place the judge in a unique p...
Legal philosophy is viewed as irrelevant by virtually everyone except for legal philosophers. In thi...
For close to a century, students of judicial behavior have suggested that what judges think is not a...
The author gives an analysis of the strategic manoeuvring in the justification of legal decisions fr...
What is the fairest application of the law, applying it to the letter in all cases or allowing the j...
The semiotics of law cannot escape the problem of the justification and of the legitimation of the c...
In the realm of American jurisprudence, little draws more excitement or controversy than investigati...