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The Pandemic of Argumentation
This open access book addresses communicative aspects of the current COVID-19 pandemic as well as the epidemic of misinformation from the perspective of argumentation theory. Argumentation theory is uniquely placed to understand and account for the challenges of public reason as expressed through argumentative discourse. The book thus focuses on the extent to which the forms, norms and functions of public argumentation have changed in the face of the COVID-19 pandemic. This question is investigated along the three main research lines of the COST Action project CA 17132: European network for Argumentation and Public PoLicY analysis (APPLY): descriptive, normative, and prescriptive. The volume...
The Logic of Legal Argumentation
Presents a thorough analysis of multi-modal argumentation and its practicality within the law. Takes both a descriptive and a normative approach. Applicable in a variety of areas, from Philosophy of Law to Communication Studies.
The Rhetoricity of Philosophy
This book aims to recast the way that philosophers understand rhetoric. Rather than follow most philosophers in conceiving rhetoric as a specific way of speaking or writing, it shows that rhetoric is better understood as a dimension of all human discourse and action—what the author calls “rhetoricity”. This book provides the first philosophical treatment of rhetoricity. It is motivated by two ongoing developments. The first is the debate between Alain Badiou and Barbara Cassin about philosophy’s relation to rhetoric. Both Badiou and Cassin are critical of rhetoric, albeit for different reasons. Second, there has been a growing resurgence of interest in rhetoric considering the recent...
Modern Legal Interpretation
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. ...
Research Handbook on Legal Semiotics
This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.
The Law and Comedy
Despite their inherent seriousness, the law and those who practice it, be it lawyers, judges, politicians, or bureaucrats, are amongst the most popular objects of comedy and humour. Sometimes even the mention of the law, or the mere use of legal vocabulary, can trigger laughter. This is deeply counterintuitive, but true across cultures and historical eras: while the law is there to prevent and remedy injustice, it often ends up becoming the butt of comedy. But laughter and comedy, too, are also infused with seriousness: as universal social phenomena, they are extremely complex objects of study. This book maps out the many intersections of the law and laughter, from classical Greece to the present day. Taking on well-known classical and modern works of literature and visual culture, from Aristophanes to Laurel and Hardy and from Nietzsche to Totò and Fernandel, laughter and comedy bring law back to the complexity of human soul and the unpredictability of life.
Statutory Interpretation
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Diaspora, Law and Literature
The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.
Epistemology and Ontology
Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garc�a Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Constr...
Inference in Argumentation
This book investigates the role of inference in argumentation, considering how arguments support standpoints on the basis of different loci. The authors propose and illustrate a model for the analysis of the standpoint-argument connection, called Argumentum Model of Topics (AMT). A prominent feature of the AMT is that it distinguishes, within each and every single argumentation, between an inferential-procedural component, on which the reasoning process is based; and a material-contextual component, which anchors the argument in the interlocutors’ cultural and factual common ground. The AMT explains how these components differ and how they are intertwined within each single argument. This model is introduced in Part II of the book, following a careful reconstruction of the enormously rich tradition of studies on inference in argumentation, from the antiquity to contemporary authors, without neglecting medieval and post-medieval contributions. The AMT is a contemporary model grounded in a dialogue with such tradition, whose crucial aspects are illuminated in this book.
