The soundness of judicial argumentation

Alexander Chuvilin ()
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Alexander Chuvilin: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: One of the main aims for the argumentation theorists around the world is to define standards for the soundness of argumentation. Many authors, such as Chaim Perelman or Steven Toulmin, have emphasized the role that the field of argumentation plays in defining such standards. Judicial argumentation is strongly connected with legal procedure and substantive laws. But can we say that some rules of judicial argumentation are vested in legal rules? Can we derive standards of judicial argumentation from substantive and procedural laws? This paper answers these questions on the basis of Russian and US legislation. The present treatise is aimed at outlining the main aspects of the problem and elaborating directions for future research

Keywords: Courts; Russian civil procedure; US civil procedure; legal argumentation; standards of soundness (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Pages: 12 pages
Date: 2013
New Economics Papers: this item is included in nep-cis and nep-law
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Published in WP BRP Series: Law / LAW, December 2013, pages 1-12

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:28/law/2013

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