Argumentation 18 (4):465-478 (2004)

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Abstract
This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive.
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DOI 10.1007/s10503-005-5890-9
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References found in this work BETA

The Concept of Law.Hla Hart - 1961 - Oxford University Press.
Law’s Empire.R. Dworkin - 1986 - Harvard University Press.
The Uses of Argument.Stephen E. Toulmin - 1958 - Cambridge University Press.

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Citations of this work BETA

The Rationality of Legal Argumentation.Sol Azuelos-Atias - 2009 - Pragmatics and Cognition 17 (2):383-401.
Planning Facts Through Law: Legal Reasonableness as Creative Indexicality and Trans-Categorical Re-Configuration.Mario Ricca - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (4):1089-1123.

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