Location

McMaster University

Document Type

Restricted Access

Start Date

1-6-2005 9:00 AM

End Date

1-6-2005 5:00 PM

Abstract

According to the different aims of argument in legal activities, this paper argues that legal argument can be divided into dogmatic argument (about the discussion of jurisprudential knowledge), dialectical argument (the debate during the trial, the debate of theoretic cognition) and normative argument (about the explanation of the application of legal principles and legal provisions) and so on. Dogmatic argument is the fundamental argument among the three kinds of arguments; it provides the theoretical foundation the other two. Normative argument is the terminal of the other two arguments, because its application can provide sound rules to protect citizen’s rightful interests, settle conflicts and disputes for a stable society. Dialectical argument is a link between dogmatic argument and normative argument. These three arguments have formed a complete system of legal argument. In this system, there is a great diversity of the evaluation norms for argument, because the claims and pleadings of argument are various in legal practices.

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Jun 1st, 9:00 AM Jun 1st, 5:00 PM

The Three Types of Aim-based Legal Arguments

McMaster University

According to the different aims of argument in legal activities, this paper argues that legal argument can be divided into dogmatic argument (about the discussion of jurisprudential knowledge), dialectical argument (the debate during the trial, the debate of theoretic cognition) and normative argument (about the explanation of the application of legal principles and legal provisions) and so on. Dogmatic argument is the fundamental argument among the three kinds of arguments; it provides the theoretical foundation the other two. Normative argument is the terminal of the other two arguments, because its application can provide sound rules to protect citizen’s rightful interests, settle conflicts and disputes for a stable society. Dialectical argument is a link between dogmatic argument and normative argument. These three arguments have formed a complete system of legal argument. In this system, there is a great diversity of the evaluation norms for argument, because the claims and pleadings of argument are various in legal practices.