Informal Logic 28 (1):20-30 (2008)

Eveline Feteris
University of Amsterdam
In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumentation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological-evaluative considerations. The justification is reconstructed as a complex argumentation that consists of different levels of argumentation and it is explained how these levels of argumentation relate to the burden of proof of a judge who gives a decision that is based on a weighing and balancing in which teleological-evaluative considerations are invoked
Keywords goal argumentation, pragmatic argumentation, rationality, teleological argumentation, weighing and balancing
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References found in this work BETA

The Nature of Rationality.Rober Nozick - 1993 - Princeton University Press.
The Nature of Rationality.Robert Nozick - 1995 - Journal des Economistes Et des Etudes Humaines 6 (1).

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On Argument Strength.Niki Pfeifer - 2013 - In Frank Zenker (ed.), Bayesian argumentation. The practical side of probability. Dordrecht, Netherlands: pp. 185-193.

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