Analogy and Interpretation in Legal Argumentation

2014 ◽  
pp. 227-242
Author(s):  
Damiano Canale ◽  
Giovanni Tuzet
Keyword(s):  
Legal Argumentation

Interpreting legal arguments. Insights from the first ICC trial

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Emanuele Brambilla
Keyword(s):  
Legal Argumentation ◽  
Legal Arguments ◽  
Courtroom Interaction

AbstractThe terminological problems and pragmatic challenges interpreters regularly face in courts are often posed by judges’ and lawyers’ recourse to argument strategies. However, the analysis of legal argumentation in courtroom interaction has been substantially overlooked in interpreting scholarly settings. Against this background, the paper outlines the preliminary findings of the

scholarly journals Rooting Gilbert's Multi-Modal Argumentation in Jung, and Its Extension to Law

2020 ◽  
Vol 40 (3) ◽  
pp. 383-421
Author(s):  
Marko Novak
Keyword(s):  
Cognitive Psychology ◽  
Argumentation Theory ◽  
Legal Argumentation ◽  
Psychological Types

This paper discusses how an understanding of Jung's psychological types is important for the relevance of Gilbert's multi-modal argumentation theory. Moreover, it highlights how the types have been confirmed by contemporary neuroscience and cognitive psychology. Based on Gilbert's approach, I extend multi-modal argumentation to the area of legal argumentation. It seems that when we leave behind the traditional fortress of “logical” legal argumentation, we "discover" alternate modes (such as the intuitive, emotional, and sensory) that have always been present, concealed in the theoretically underestimated rhetorical skills of arguers.

scholarly journals Pengawasan terhadap Transaksi Bisnis E-Commerce dalam Mewujudkan Perlindungan Konsumen

2020 ◽  
Vol 1 (1) ◽  
pp. 38-43
Author(s):  
Anak Agung Made Ayu Rai Lidya Astari ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Consumer Protection ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Argumentation ◽  
Electronic Business ◽  
Conceptual Approach ◽  
Business Transactions ◽  
Online Trading ◽  
Legal Concepts

E-commerce is a buying and selling activity carried out via the internet with electronic media. Based on this, two problems were raised as follows: 1). What are the aspects of consumer protection against electronic business transactions, 2). How to regulate the control of electronic business transactions in ensuring the implementation of consumer rights. The research method used in the preparation of this research is normative with a statutory approach and a conceptual approach, namely analyzing the problems to be discussed through legal concepts taken from several books and literature that have relevance to the problem. The data sources used are primary data, namely through statutory regulations, secondary data, namely using legal theory and experts, and tertiary data, namely related to legal dictionaries and encyclopedias. The technique of collecting data is through the method of recording legal materials and collecting references used. The data analysis used systematic legal interpretation and legal argumentation based on deductive logic. However, all the benefits that are offered, there is a concern about the responsibility of online companies to online consumers considering so many online companies. The Trade Law and the Consumer Protection Act are the basis for trading in online trading and / or in conventional trading. In this case the need for supervision in order to improve harmony in each application. The results showed that the aspect of protection was carried out by defending the rights of consumers against the disturbance of other parties. In order to increase awareness, knowledge, concern and independence of consumers, especially in choosing, determining and demanding their rights as consumers. There are several principles in consumer protection, namely the principle of benefit, the principle of justice, the principle of security and safety, the principle of balance, the principle of legal certainty.

scholarly journals Penerapan Sanksi Pemerintahan pada PT. Mirtasari Development

2021 ◽  
Vol 2 (1) ◽  
pp. 207-212
Author(s):  
Putu Dyah Prastiti Sukma Febriany ◽  
Ida Ayu Putu Widiati ◽  
I Wayan Arthanaya
Keyword(s):  
Legal Argumentation ◽  
Material Source ◽  
Secondary Sources ◽  
Temporary Storage ◽  
Primary Object ◽  
The Government ◽  
Materials Used ◽  
Administrative Sanctions ◽  
Source Materials ◽  
Action Force

Of natural resources is the primary object for any development Countries Indonesia, thus unwittingly slowly at least not among them triggering pollution and/or destruction of the environment. Therefore, the need for law enforcement that is reflected in the legislation. The problem of this research were: 1 a complaints handling procedure) how pollution and/or destruction of the environment? 2) How the application of sanctions to force the Government in pt. Mirtasari Hotel Development? The type of research and the approach used is the juridical problems of empirical and juridical sociological. Source material source materials used law of law of primary and secondary sources of law. Legal materials collection techniques are used namely study library and field. As well as legal materials collected processed and analyzed with the use of legal argumentation. As for the results of this research are the complaints handling procedures due to contamination and/or destruction of the environment will be followed up by agencies or institutions or the PPLHD PPLH advance has received complaints directly or not direct, which is then followed up with several stages, namely: the stages of the preparation, the implementation of field verification, data analysis, and final verification report the complaint. The application of administrative sanctions the Government at PT. Mirtasari Hotel Development was given by the Minister of the environment in the form of the action force to immediately complete the related permit temporary storage of waste, waste water disposal B3, B3 waste submission to third parties, as well as complement the facilities by the rules in the temporary storage of waste B3.

PUENTES ENTRE LOS HECHOS Y EL DERECHO APLICABLE EN LA VERIFICACIÓN PROBATORIA: ESTANDAR Y VALORACIÓN DE LA PRUEBA

2021 ◽  
Vol 29 (116) ◽  
pp. 1-25
Author(s):  
Álvaro Pérez Ragone
Keyword(s):  
Decision Makers ◽  
Legal Argumentation ◽  
Criminal Process ◽  
Standard Of Proof ◽  
Legal Standards ◽  
Standards Of Proof ◽  
The Subject ◽  
Per Se ◽  
Basic Minimum ◽  
Evidentiary Standard

The legal argumentation on controversial facts deals with the evidence that allows reaching a precise verdict on the facts. The evidence is necessary to support the factual assertions made by the parties and the conclusions of fact made by the decision makers. But the test per se does not yield verdicts. The evidence must be evaluated and whoever decides must consider whether or not it satisfies a basic minimum to consider a fact proven, if it meets a standard of proof. Much work has been done on the subject of legal standards of proof. Legal argumentation theorists, evidence scholars, civil and criminal process scholars, among others, have extensively addressed this issue. Some of them have made an analytical effort to clarify the idea of an evidentiary standard; others have done descriptive work to understand how the standards actually work; Others have done a kind of normative work in the hope of suggesting better or at least better defined standards; and the best contributions to the debate do more than one of these things at the same time.

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