Download e-book for iPad: DiaLaw: On Legal Justification and Dialogical Models of by A.R. Lodder

By A.R. Lodder

ISBN-10: 1402002874

ISBN-13: 9781402002878

ISBN-10: 9401139571

ISBN-13: 9789401139571

This publication is a revised model of my dissertation 'DiaLaw - on felony th justification and conversation video games' that I defended on June five 1998 on the Universiteit Maastricht. The chapters 1, four & five (now: 1, five & 6) of my dissertation have remained principally unaltered. In bankruptcy 2 I extra explicitly the excellence among developing criminal justification and reconstructing it, and attempted to clarify the variations (and similarities) among the product and technique of justification. bankruptcy three is split into chapters: one at the normal features of DiaLaw (now: bankruptcy 3), and the opposite on particular, felony features of DiaLaw (now: bankruptcy 4). as a way to increase clarity, all principles in those chapters were rewritten significantly. The part at the implementation of DiaLaw is moved to the appendix. In bankruptcy 7 (the former bankruptcy 6), a dialogue of the notions 'procedural' and 'structural' arguments is extra, and varied layers in argumentation types are mentioned. ultimately, in bankruptcy eight (the former bankruptcy 7) is extra a recapitulation of my view on criminal justification, and a dialogue at the destiny use in criminal perform of conversation types that symbolize argumentation in a common manner. the most thesis has remained unaltered: criminal justification might be modeled as a procedural, dialogical version within which not just items of argumentation are allowed, yet, even in formal types, rhetorical, mental facets of argument are dealt with.

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Additional resources for DiaLaw: On Legal Justification and Dialogical Models of Argumentation

Example text

No matter whether and how dialog rules are justified, I believe that in the end each set of discourse rules always remains an arbitrary set, put together on the basis of an individual choice of the designer. Therefore it is important to allow discussion about the discourse rules. Without a possible discussion about the rules, one lands in one of the branches of the Miinchhausen Trilemma, namely that a justification is based on dogmatic dialog rules. It may seem strange that the rules of discussion become subject of a discussion that is guided by the same rules.

Ci' The commitment store exists of the ordered pairs (p ,S) . A pair means that the player p is committed to the sentence s. Co is defined empty. How the content of the commitment store is settled after each move is elaborated in rule 1. The set of disputed sentences 0i is the subset of C i that contains the sentences the players do not agree upon. As we will see later, the dialog continues as long as there are still elements in 0i' Since the sentences in 0i are open for discussion, these sentences are also referred to as open sentences.

On the one hand, if dogmas are not used, it is allowed to question each statement; if each statement can be questioned, one lands easily in a situation of infinite regress. On the other hand, if one does not want that infinite regress occurs, then the justification must stop at a certain point. If termination points are defined outside the procedure, they can only be regarded as a dogma. However, without defining dogmas it is still possible to stop infinite regress. In the dialog game the justification can stop once the other party accepts a statement.

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DiaLaw: On Legal Justification and Dialogical Models of Argumentation by A.R. Lodder

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