Legal Progress Through Pragma-Dialectics? Prospects Beyond Analogy and E Contrario

Hendrik Kaptein
2005 Argumentation: an international journal on reasoning  
Pragma-dialectical approaches to legal argumentation seem to be rather different from traditional approaches appealing to standards of propositional logic. Pragma-dialectical analysis of arguments by analogy and e contrario seem to fall foul to the rigors of logical analysis, in which problems or even concepts of analogy and e contrario seem to disappear. The brunt of both types of special legal argumentation appears to be borne by often implicit general principles and an appeal to the system
more » ... the law as a whole. Still, pragma-dialectics and logical analysis of legal argument are best seen as fruitfully supplementing each other in ongoing research of ever evolving legal argument.
doi:10.1007/s10503-005-0527-6 fatcat:f54bjlswgjeiro53psee43xkn4