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

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.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s10503-005-5890-9
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 64,077
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

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.

View all 27 references / Add more references

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.

Add more citations

Similar books and articles


Added to PP index

Total views
12 ( #788,360 of 2,454,544 )

Recent downloads (6 months)
1 ( #449,188 of 2,454,544 )

How can I increase my downloads?


My notes