Legal Argumentation and the Rule of Law

Eveline Feteris, Harm Kloosterhuis, Jose Plug en Carel Smith (redactie) 9789462367029 | 1^e druk, 2016

Inhoudsopgave

	Legal Argumentation and the Rule of Law
	Judicial Discretion and the Rule of Law
	The Rule of Dual-Natured Law
	Prototypical Argumentative Patterns in the Justification of Judicial Decisions
	The Legal Characterization of Facts at the International Criminal Court
	The Facebook Judge? How Transparency in Social Media Conflicts with the Rule of Law
	Analogy and E Contrario: The Facts
	The Burden of Rationality: Why and How Should the Judge Justify Her Decision?
	Four Fallacies about Analogical Reasoning and the Rule of Law
	Improving Judicial Argumentation about Evidence in Dutch Unus Testis Cases
	Legal Argumentation between ‘Monologue’ and ‘Dialogue’
	Fundamental Rights and the Rule of Law
	Arguing for Certainty in Criminal Decision-Making and the Rule of Law
	Legislative Argumentation and the Rule of Law
	Argumentative Contributions to the Settlement of Conflicts in Administrative Judicial Decisions
	Due Process and the Rule of Law: The Role of Argumentation in the Defence of a Fair Trial
	Rule of Law and Legal Epistemology
	Rhetorical Status Theory as an Institutional Framework for Legal Discussions
	Debiasing and Rule of Law
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