The Rule of Law and the Ideal of a Critical Discussion

  title={The Rule of Law and the Ideal of a Critical Discussion},
  author={Harm Kloosterhuis},
The pragma-dialectical approach to legal argumentation conceives the justification of a judicial decision as part of a critical discussion. In this approach it is assumed that a legal argumentation theory should integrate descriptive and normative perspectives on argumentation. Legal discourse should be studied as a sample of normal verbal communication and interaction and it should at the same time, be measured against certain standards of reasonableness. This implies first a philosophical… CONTINUE READING