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Ethique Et Droit

(1990)

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  1. Logic or rhetoric in law?Alain Lempereur - 1991 - Argumentation 5 (3):283-297.
    One of the most crucial questions in the philosophy of law deals with the very nature of legal reasoning. Does this reasoning belong to logic or to rhetoric? This debate, increasingly centered on rhetoric, is not merely a question of language use; it covers and indicates a more basic choice between formal legalism — focusing on rational deduction from the law — and pragmatic judiciarism — focusing on reasonable debate in the court.Today, it is necessary to circumscribe the respective fields (...)
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  • Recognizing Argument Types and Adding Missing Reasons.Christoph Lumer - 2019 - In Bart J. Garssen, David Godden, Gordon Mitchell & Jean Wagemans (eds.), Proceedings of the Ninth Conference of the International Society for the Study of Argumentation (ISSA). [Amsterdam, July 3-6, 2018.]. Amsterdam (Netherlands): pp. 769-777.
    The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...)
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  • The virtues of dissoi logoi.Victor Ferry - unknown
    My claim is that rhetorical training is required to develop citizenship skills. I illustrate this claim by focussing on dissociation of notions, that is, a rhetorical technique that citizens might have to use in their civic life. After distinguishing a rhetorical and a normative approach to dissociation, I argue that dissoi logoi, as an exercise invented by the Sophists, offer a relevant training to master this technique.
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  • Emotional legal arguments and a broken leg.Damasceno-Morais Rubens - unknown
    We intend to examine ways that emotions may be intertwined within argumentative legal discourses. From the transcript of a brief trial in a Court of Appeal in Brazil we have the opportunity to observe how the emotional and rational reasoning live together in a deliberation among magistrates. “The leg broken case” allow us to examine how judges define the value of compensation to be paid in cases of moral damage. We show that not only technical arguments are the compounds of (...)
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