The Pragma-Dialectical Approach of Legal Argumentation as Specific Form of Rational Discussion

Author(s):  
Eveline T. Feteris
Author(s):  
Tamara Dudash

The article is devoted to legal argumentation, namely to its research by dialectical approach. The aim of the article is to determine characteristic features of dialectical approach to legal argumentation. Dialectical approach to the research of legal argumentation should include philosophical, theoretical, empirical components. Philosophical component of legal argumentation research consists in the critical conception of rationality i.e. the philosophical axiomatic idea about rationality of legal argumentation, which is systematically tested within discourse or critical discussion. Dialectical theoretical model of legal argumentation ensures mutual acceptability of legal argumentation by the parties. Dialectical approach deals with legal argumentation mainly in the “context of justification.” Dialectical approach to legal arguing implies specific standard of soundness of the argumentation – acceptability standard. Empirical component of legal argumentation includes reconstruction of argumentation and its weighting (analytic component) as well as analysis of particular legal reasoning (practical component). Dialectical approach highlights hermeneutical nature of legal reasoning. Dialectical approach to legal argumentation lets us assume some ontological issues concerning legal argumentation. Legal argumentation is considered as the form of rational communication of particular persons to reach mutual acceptability of legally important conclusions within the procedure of discussion. Legal argumentation is the result of such impact embodied in acceptability of legally binding issues within the procedure of rational discussion.


Back in the late 1950s, C.P. Snow famously defined science negatively by separating it from what it was not, namely literature. Such polarization, however, creates more problems than it solves. By contrast, the two co-editors of the book have adopted a dialectical approach to the subject, and to the numerous readers who keep asking themselves “what is science?”, we provide an answer from an early modern perspective, whereby “science” actually includes such various intellectual pursuits as history, poetry, occultism, or philosophy. Each essay illustrates one particular aspect of Shakespeare’s works and links science with the promise of the spectacular. This volume aims at bridging the gap between Renaissance literature and early modern science, focusing as it does on a complex intellectual territory, situated at the point of juncture between humanism, natural magic and craftsmanship. We assume that science and literature constantly interacted with one another, making clear the fact that what we now call “literature” and what we choose to see as “science” were not clearly separated in Shakespeare’s days but rather part of a common intellectual territory.


2020 ◽  
Vol 59 (1) ◽  
pp. 51-66
Author(s):  
Gabriel Proulx

Valérie par Valérie opens new critical paths which are fertile, though difficult to unpack. Published under the enigmatic and collective name La Rédaction, this book – whose main (or only) author seems to be Christophe Hanna – develops what we could call a viral critique, which seeks to occupy dominant ideologies to undermine them from within rather than oppose them with a new ideology. This article aims firstly to define Hanna's viral critique, based on his own theoretical works and Guy Debord's notion of spectacle as a social and economic mechanism. It then analyzes the specific form taken by that critique in Valérie par Valérie, where the author opposes the separation of literary and non-literary forms, as well as contemporary ultracapitalism and its political-economic ramifications. Finally, the ethical implications of this type of implicit critical exercise are explored through semioethics, in order to determine the efficiency of Hanna's project.


2020 ◽  
Vol 26 (5) ◽  
pp. 991-1016
Author(s):  
A.G. Lukin

Subject. This article explores the main points of the theory of financial management, developed within the framework of the Western general theory of finance, and the theory of financial management developed in the Soviet Union. Objectives. The article aims to substantiate an idea that these theories are complementary, and their harmonious application can help build the most effective system of financial relations management at both the macro-and microeconomic levels. Methods. For the study, I used a dialectical approach and the methods of comparison, analysis and synthesis, and historical analysis. Results. The article substantiates the point that the methodology of Western financial management theory is aimed at managing external financial flows and combating external financial risks. It notes that the Soviet theory regulates methods and techniques of financial management within the business entity or the State. Conclusions. Theoretical updating of the Soviet practices of financial management combined with the modern achievements of financial management theory will create conditions for the formation of an optimal financial management structure at both the micro-and macroeconomic levels. This can improve the efficiency of financial management, in general. Renewed interest in the theoretical developments of the Soviet Union will contribute to the development of financial science at the present stage.


Fachsprache ◽  
2017 ◽  
Vol 32 (3-4) ◽  
pp. 122-144
Author(s):  
Wolfgang Kesselheim

In the present paper I will study conversations in front of museum showcases as a specific form of knowledge communication. After presenting my understanding of the concepts“knowledge communication” and “knowledge”, which are informed by conversation analysis, I will explore two characteristic aspects of the ‘showcase conversations’ by means of a number of detailed analyses of short extracts of these conversations. First, I will show how knowledge is interactively produced and made publicly visible, and second, how people use the complex multimodal environment of the showcase as a basis for their knowledge construction, and how they manage to ‘tie together’ different semiotic “modes” which are visible and readable in display cases. The analyses of this paper are based on a corpus collected in a paleontological museum. The conversations have been recorded in a kind of ‘field experiment’: Probands have been asked to watch a showcase together and to summarize its content. While doing so they were filmed.


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