The Notion of an Ideal Audience in Legal Argument
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...
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| Format: | eBook |
| Language: | English |
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Dordrecht
Springer Netherlands
2000, 2000
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| Edition: | 1st ed. 2000 |
| Series: | Law and Philosophy Library
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| Subjects: | |
| Online Access: | |
| Collection: | Springer Book Archives -2004 - Collection details see MPG.ReNa |
Table of Contents:
- 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