The role of the judge in legal proceedings: A Pragma-dialectical analysis

Journal of Argumentation in Context 1 (2):234-252 (2012)
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Abstract

In this contribution I characterize the role of the judge in the context of the argumentative activity of legal proceeding. I describe the role of the judge from a pragma-dialectical perspective and explain in which way this role promotes a rational resolution of the dispute. I specify how a critical discussion in accordance with the ideal model is implemented in legal procedure to accomplish the institutional point, a resolution of the dispute in accordance with the Rule of Law.

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Eveline Feteris
University of Amsterdam

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