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  1. Norms of Public Argumentation and the Ideals of Correctness and Participation.Frank Zenker, Jan Albert van Laar, B. Cepollaro, A. Gâţă, M. Hinton, C. G. King, B. Larson, M. Lewiński, C. Lumer, S. Oswald, M. Pichlak, B. D. Scott, M. Urbański & J. H. M. Wagemans - 2024 - Argumentation 38 (1):7-40.
    Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...)
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  • Epistemic Norms for Public Political Arguments.Christoph Lumer - 2024 - Argumentation 38 (1):63-83.
    The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...)
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  • Legal Hypocrisy.Ekow N. Yankah - 2019 - Ratio Juris 32 (1):2-20.
    Accusations of hypocrisy in law and politics typically invoke hypocrisy as a personal failing. This locution misses the much more dangerous way laws and legal institutions themselves can be hypocritical. Hypocrisy can be equally revealed when an institution not only deceives another but acts against its avowed values or does not act in ways required by the values professed. Thus, legal actors, institutions, and norms can, in their institutional role, act against the values they avow, displaying legal hypocrisy. By avowing (...)
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  • Same-Sex Marriage and the Spanish Constitution: The Linguistic-Legal Meaning Interface.Rina Villars - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):273-300.
    This paper analyzes the implications that the linguistic formulation of the marriage provision of the Spanish Constitution of 1978 had for securing the passage in 2005 of Law 13/2005, which legalized same-sex marriage. By claiming that a semantic omission in the original legal text was a marker of distributiveness, SSM supporters aimed to avoid a constitutional amendment, and succeeded in doing so. This linguistic argument, based on implicitness, was instrumental as a subsidiary argument of political moral argumentation. Linguistic meaning therefore (...)
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  • The reception of Robert Alexy’s work in Anglo-American jurisprudence1.Julian Rivers - 2018 - Jurisprudence 10 (2):133-150.
    ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...
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  • On the Entanglement of Coherence.Stephen Pethick - 2014 - Ratio Juris 27 (1):116-137.
    Although coherence has become one of the key concepts in contemporary legal theory, its meaning is taken almost universally to be elusive, complex and controversial. However, these difficulties are due just to the failure of commentators to distinguish the intension of the notion from other features of its (many) referents in extension. The oversight has caused qualities to be ascribed routinely to coherence that properly attach to various object(s) of which coherence is predicated, and which a theorist happens to have (...)
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