Descrizione

This volume aims to present authoritative and challenging studies on argumentation strictly related to the work of lawyers and judges when arguing in trial. The broad and interdisciplinary discussions on argumentation presented here show well how dialogue between legal philosophy and other different scientific domains dealing with legal reasoning should be possible and effective.

The first part of the book is dedicated to the pragma-dialectical analysis of the Aristotelian views on rhetoric, to an explanation of the use of “strategic manoeuvring” in a legale case and to the relevance of argumentative schemes in legal interpretation, concluding with an essay on the distinction between rationality and reasonableness.

The second part of the book is dedicated to some philosophical perspectives, stressing out the fundamental role of ancient Greek philosophy for argumentative studies (particularly in their linguistic dimension), and to the essential relationship between ontology, ethics and logic in legal practice.

All issues in the volume are discussed in the light of different approaches: from a more “continental” to a clearly “analytic” one. Each Author provides many insights which are only in part overlapping: a situation which must be regarded as an opportunity for argumentative investigations.

Maurizio Manzin (Philosophy of Law, PhD) is Full Professor on Legal Philosophy at the Faculty of Law, University of Trento. He is present Chairman of the Research Centre on Legal Methodology (CERMEG). His main works are in the field of legal philosophy. legal argumentation and rhetoric. He published in Italy, Netherlands, Canada, Spain, France, Greece and Hungary.

Federico Puppo (Philosophy of Law, PhD) is Associate Professor on Legal Philosophy at the Faculty of Law, University of Trento. He is at present Secretary of the Research Centre on Legal Methodology (CERMEG). He works in the field of legal logic, legal informatics, legal argumentation and rhetoric since 2000. He is author or editor of more than 100 publications in Italian, English, Spanish and Portuguese.

Serena Tomasi (Comparative and European Legal Studis, PhD) is Research Fellow at the School of International Studies and Lecturer at the Faculty of Law, University of Trento. Her main research topics include argumentation theory, legal argumentation and rhetoric, philosophy of law. She is author of several publications in Italian and English.