Rhetoric Meets Rational Argumentation Theory

Ratio Juris 27 (2):236-251 (2014)
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Abstract

The theory of rhetoric is recognised and widely used in a number of disciplines, particularly in the social sciences. It is therefore slightly surprising that it has not gained an important footing in jurisprudence. It is often argued that rhetoric and argumentative justification are clearly different issues. However, the present paper argues that they are in fact two aspects of argumentation and that the theory of rhetoric may be used also in the context of legal reasoning

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References found in this work

Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
The new rhetoric: a treatise on argumentation.Chaïm Perelman - 1969 - Notre Dame, [Ind.]: University of Notre Dame Press. Edited by Lucie Olbrechts-Tyteca.
Taking Rights Seriously.Ronald Dworkin - 1979 - Ethics 90 (1):121-130.

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