The Notion of an Ideal Audience in Legal ArgumentSpringer Science & Business Media, 06.12.2012 - 228 Seiten As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman. Because I was one of the few Americans to comment on his TraUe de l' argumentation: la nouvelle rhetorique, before it was translated into English, I was invited to a conference celebrating the translation ofthat monumental work into English that was held in August 1970 in Santa Barbara, Califomia at the Center for the Study ofDemocratic Institutions, which was then under the directorship of the late Robert M. Hutchins. From that beginning, Professor Perelman and I developed a strong and warm friendship which was cemented when Professor Perelman and his wife, Fela, came to North Carolina in 1979 as a fellow at the National Humanities Center. I enjoyed the occasions on which I was able to participate in the activities of the Centre National de Recherehes de Logique which had been established, under Professor Perelman's aegis, in Belgium. A trip to Brussels was always something to which I looked forward. Since Professor Perelman's sudden and untimely death in January 1984, shortly after he had been singularly honored by being made a baron by King Baudouin, I have benefited greatly from my participation in the programs of the Perelman Foundation which was established through the generosity and efforts ofBaronne Fela Perelman; a remarkable woman in her own right who has now sadly also passed away. |
Inhalt
A A General Philosophical Rhetoric ExampleIlluminating the Power | |
What Are theConstraints that CanBeImposedon Arguments Addressed to an Ideal Audience? | |
Chapter 6Accounting for Differences in Perceptions ofthe Ideal | |
B Conflicting Viewsastothe Purposeofthe State | |
of a Greater Number of Innocent Persons | |
The Conflict Between the General and the Particular | |
Some LegalBackground | |
Ambivalent Attitudes with Regardto Discretion | |
Conclusion Bibliography | |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
accepted action addressed affirmative action American andthe appeal appellate courts Aristotle asthe authority basic believe Bloggs bythe Chapter choice commonlaw concept considered Constitution Convention course damage Damaška debate decide decisionmaking declared defendant discretion discussion Dudley and Stephens Dworkin example exercise fromthe H ARV H.L.A. Hart Hart human ideal audience ideal or universal IGHTS individual innocent interest interpretation inthe inwhich isan isnot itis John Rawls judge judge’s judicial jury Justice legal argumentation legal system legislation liability Lord Model Penal Code moral negligent nevertheless norms notion officials oflaw oflegal ofthe OLITICAL one’s onthe particular peremptory challenges person perspective plaintiff political possible principles provisions question Rawls reasonable regulation require Restatement restrictions situation socalled social society speech statutes statutory statutory interpretation suchas supra Supreme Court thatit thatthe theaudience theory tobe tort torture tothe transl trolley Trolley Problem United universal audience whichthe