Download This PaperLaw, Logic, Rhetoric: A Procedural Model of Legal Argumentation
LOGIC, EPISTEMOLOGY AND THE UNITY OF SCIENCE, Chapter 26, pp. 569-588, Kluwer Academic Publishers, 2004
20 Pages Posted: 7 Dec 2008
Date Written: December 6, 2008
Abstract
Legal argumentation can be modeled using logic, but in this chapter it is claimed that logic alone does not suffice. A model should also take the rhetoric nature of legal argumentation into account. DiaLaw is such a model: a formal, procedural model in which the logical and rhetorical aspects of argumentation are combined. The core of this chapter consists of a description of the basic concepts of DiaLaw and an extensive account of why rhetorical, non-logical elements of legal argumentation are essential.
Suggested Citation: Suggested Citation
Lodder, Arno R., Law, Logic, Rhetoric: A Procedural Model of Legal Argumentation (December 6, 2008). LOGIC, EPISTEMOLOGY AND THE UNITY OF SCIENCE, Chapter 26, pp. 569-588, Kluwer Academic Publishers, 2004, Available at SSRN: https://ssrn.com/abstract=1312456
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