عنوان

The Notion of an Ideal Audience in Legal Argument

(Number (ISBN

9401595208

(Number (ISBN

9789401595209

Number

b591988

Title Proper

The Notion of an Ideal Audience in Legal Argument

General Material Designation

[Book]

First Statement of Responsibility

by George C. Christie.

Place of Publication, Distribution, etc.

Dordrecht

Name of Publisher, Distributor, etc.

Springer Netherlands

Date of Publication, Distribution, etc.

2000

Specific Material Designation and Extent of Item

(x, 227 pages)

Series Title

Law and philosophy library, 45.

Text of Note

1. Introduction --; 2. The Notion of an Ideal Audience as an Analytical Tool --; A.A General Philosophical Example --; Illuminating the Power of Rhetoric --; B. An Example from Legal Theory --; Is a Predictive Theory of Law Logically Possible? --; 3. What Are the Constraints that Can Be Imposed on Arguments Addressed to an Ideal Audience? --; 4. Some Universal Features of Ideal Audiences in Legal Contexts --; 5. Different Conceptions of the Ideal Audience --; A First Look --; 6. Accounting for Differences in Perceptions of the Ideal Audience --; Some Preliminary Observations --; A. Competing Visions of the Way the State Should Be Organized --; B. Conflicting Views as to the Purpose of the State --; 7. Choosing Between Competing Visions of the Good --; the Case of Necessity --; A. The Need to Choose --; B. Choosing to Sacrifice the Property of Others --; C. Sacrificing the Life of an Innocent Person to Save the Lives of a Greater Number of Innocent Persons --; 8. The Conflict Between the General and the Particular --; Some Legal Background --; A. Some Historical Background and Examples --; B. The Scope of the Modern Tort of Negligence --; 9. The Conflict Between the General and the Particular --; Theoretical Perspectives --; A. The Case for General Principles Put Forth by Dworkin --; B. Additional Factors Prompting the Search for General Principles --; C. Counter-Arguments --; 10. Ambivalent Attitudes with Regard to Discretion --; A. Introduction --; B. An Analytical Framework --; C. The Irresistible Urge to Narrow the Scope of Discretion --; D. Structural and Ideological Factors Behind the Urge to Broaden the Scope of Discretion --; 11. Toleration of Diverse and Even Inconsistent Outcomes --; 12. Conclusion --; Cases Cited.

Text of Note

This book examines in some detail how our concepts of an ideal or `universal' audience influence legal argument. It shows how asking what are the arguments and the forms of argumentation that we believe would be accepted by such an audience, is a useful analytical tool. The book explores what, if any, are the constraints that our vision of an ideal audience imposes on public discourse and particularly on legal discourse. Some visions of a universal audience are widely shared; others are only shared within particular political and legal cultures. Stylistic preferences can have as important an influence on legal decision making as do substantive preferences. In some cultures and legal systems there is a preference to resort to broad general principles; in others there is a preference for a more circumscribed and particular mode of legal argument. Different legal cultures have different idealized notions as to the role of the judge. Different conceptions of the role of the judge will influence many aspects of legal decision making, including how statutes and other authoritative official instruments should be interpreted. All these issues will also be influenced by how a particular legal culture envisions the common or public good and by how tolerant a particular legal culture is of diverse outcomes, that is by how much discretion superior legal decision makers are prepared to grant inferior decision makers. This volume will be of interest to academics and professionals in the fields of legal philosophy, argumentation and comparative law.

Logic.

Ontology.

Philosophy (General)

by George C. Christie.

George C Christie

Electronic name

[Book]

Y