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Law and Truth

New York: Oxford University Press USA (1996)

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  1. Idealism, Empiricism, Pluralism, Law: Legal truth after modernity.Luke Mason - forthcoming - In Angela Condello & Tiziana Andina (eds.), Post-Truth, Law and Philosophy. Routledge.
    Making a connection between ‘post-modernism’ and post-truth has by now become a standard trope, both within academia and popular discourse, despite post-truth’s only recent emergence as a concept. Such claims are often rather vague and fanciful and lack an altogether credible account of either phenomenon in many cases. This Chapter argues however that within a legal context, there is the emergence of a legal post-truth which is the direct consequence of a concrete form of post-modernity within legal practice and thought. (...)
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  • Teleological Justification of Argumentation Schemes.Douglas Walton & Giovanni Sartor - 2013 - Argumentation 27 (2):111-142.
    Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...)
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  • The Gravity of Steering, the Grace of Gliding and the Primordiality of Presencing Place: Reflections on Truthfulness, Worlding, Seeing, Saying and Showing in Practical Reasoning and Law. [REVIEW]Oren Ben-Dor - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):341-390.
    This article reflects on the received view of the rupture which constitutes the beginning of a critical, ethical, political and legal opening, the understanding of which inhabits the cry of, and response to, injustice. It takes the very critique that feeds into, and is distorted by, practical reasoning, as its point of departure. Grasping this rupture as the complementary relation between deconstruction and radical alterity, would entail unreflectively accepting a certain kind of truthfulness—truthfulness as [in]correctness, manifesting in a relationship that (...)
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