Prototypical Argumentative Patterns in a Legal Context: The Role of Pragmatic Argumentation in the Justification of Judicial Decisions

Argumentation 30 (1):61-79 (2016)
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In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case.



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DiaLaw. On legal justification and dialogical models of argumentation.Arno R. Lodder - 1999 - Dordrecht, Boston and London: Kluwer Academic Publishers.


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Eveline Feteris
University of Amsterdam

References found in this work

Legal Reasoning and Legal Theory.Neil MacCormick (ed.) - 1978 - Oxford University Press.
On Law and Reason.Aleksander Peczenik - 1989 - Dordrecht, Netherland: Springer Verlag.

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