Legal argumentation theory is a cross-disciplinary research field where theoretical
tools for analyzing and evaluating legal argumentation are developed and applied.
Due to its cross-disciplinary nature, legal argumentation theory has become a
meeting point for scholars with a background in argumentation theory, logic,
artificial intelligence, rhetoric, legal theory, cognitive psychology, communication
studies and many other disciplines.
This volume brings together two theoretical approaches to legal argumentation
theory: the first approach is based in general argumentation theory and contributes
to the study of legal argumentation by developing general argumentation theory in
application to law, the second approach is based in legal theory and contributes
to the study of legal argumentation by developing legal theory with regard to
argumentation. The chapters in this volume illustrate how research from one
approach complements research from the other approach, and show how they can
be fruitful for each other.
The papers that belong to the first approach take their point of departure in the
analysis of a certain kind of argument, a specific argumentation fallacy, a rhetorical
strategy or in certain rules for a rational discussion, and apply this theoretical
analysis to legal argumentation. Each of the first four contributions concentrates
on a specific form of argument: the argument from consequences, the argument
ad absurdum, the argument from precedent and the argument ad hominem. The
authors propose an integration of ideas from argumentation theory and legal theory
to develop tools for analyzing and evaluating arguments of this kind in legal
argumentation.