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Modern legal systems are characterized by a tension between two commonplaces: the Rule of Law on the one hand, and the arguable character of law on the other. The Rule of Law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement. In this book, expert scholars come together to offer interdisciplinary approaches to debate this tension and its possible reconciliation. Central in their perspective is that reconciliation is possible when the Rule of Law also incorporates rules for reason-giving. Reason-giving should be part of a substantive conception of the Rule of Law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the Rule of Law show how insights of two traditions are connected.

This collection of essays includes contributions from law, argumentation theory, logic and philosophical perspectives. This multifaceted approach demonstrates the variety of questions that emerge at the intersection of both commonplaces. This volume fills a remarkable void in the current literature on the Rule of Law. It should be welcomed, not only by experts in Legal Methodology, Argumentation Theory and Rhetoric, but by judges, lawyers and law students as well.

https://www.elevenpub.com/law/catalogus/legal-argumentation-and-the-rule-of-law-1-2016-9789462367029#%3Chttps://www.elevenpub.com/law/catalogus/legal-argumentation-and-the-rule-of-law-1-2016-9789462367029%3E

Conference Proceedings

A selection of papers on the conference theme Legal Argumentation and the Rule of Law will be collected in the proceedings of the conference, published by Eleven International Publishing. All speakers are invited to hand in their manuscript for reviewing.

Instructions for submitting your manuscript for the proceedings can be found on this website under ‘Proceedings’. The text should not exceed 4000 words (notes and references included) and should be submitted via (papers@legalargumentation.com).

Deadline 15 September 2015
Review period and notice of acceptance October – November 2015
Deadline for corrections of accepted papers 15 December 2015
Publication Spring 2016

Conference
On June 25 and 26, 2015, the International Conference ‘Legal argumentation and the rule of Law’ will be held at the Erasmus School of Law, Rotterdam the Netherlands. The aim of the conference is to draw together scholars from a variety of disciplines that are working in the field of legal argumentation.

The conference will take place at the Erasmus School of Law, Erasmus University Rotterdam, Location campus Woudestein, The Sanders Building. More information can be found via the following link: http://www.eur.nl/english/guide/how_to_get_there/public_transport/

Keynote speakers:

  • Jacco Bomhoff (London School of Economics)
    • Legal argumentation, Comparative Jurisprudence, and the Anthropology of Religion
  • Damiano Canale and Giovanni Tuzet (Università Bocconi, Milan)
    • Argumentative Particularism: On Judicial Discretion and the Rule of Law

  • Matthias Klatt (Universität Hamburg)
    • Legal Argumentation and the Rule of Law

Modern legal systems are characterized by a tension between the ideal of the Rule of Law on the one hand and the argumentative character of law on the other. The Rule of Law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement. This tension and its possible reconciliation are recently debated by argumentation theorists and scholars in the field of Rule of Law research. Central in their perspective is that reconciliation is possible when the Rule of Law also incorporates rules for reason-giving. Reason-giving should be an element of the procedural conception of the Rule of Law because this conception requires certainty and predictability. Reason-giving should also be part of a substantive conception of the Rule of Law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the Rule of Law show how insights of two traditions are connected. The aim of the conference Legal Argumentation and The Rule of Law aims to advance this line of interdisciplinary research on a subject that is vital for the legitimacy of legal systems.

Organizing committee:

  • Eveline Feteris, University of Amsterdam,  Department of Speech Communication, Argumentation Theory and Rhetoric
  • Harm Kloosterhuis, Erasmus School of Law, Rotterdam
  • José Plug, University of Amsterdam,  Department of Speech Communication, Argumentation Theory and Rhetoric
  • Carel Smith, Leiden University, Faculty of Law