A pragma-dialectical approach of legal argumentation

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 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.


Libri ◽  
2020 ◽  
Vol 70 (3) ◽  
pp. 227-237
Author(s):  
Mahdi Zeynali-Tazehkandi ◽  
Mohsen Nowkarizi

AbstractEvaluation of information retrieval systems is a fundamental topic in Library and Information Science. The aim of this paper is to connect the system-oriented and the user-oriented approaches to relevant philosophical schools. By reviewing the related literature, it was found that the evaluation of information retrieval systems is successful if it benefits from both system-oriented and user-oriented approaches (composite). The system-oriented approach is rooted in Parmenides’ philosophy of stability (immovable) which Plato accepts and attributes to the world of forms; the user-oriented approach is rooted in Heraclitus’ flux philosophy (motion) which Plato defers and attributes to the tangible world. Thus, using Plato’s theory is a comprehensive approach for recognizing the concept of relevance. The theoretical and philosophical foundations determine the type of research methods and techniques. Therefore, Plato’s dialectical method is an appropriate composite method for evaluating information retrieval systems.


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