Analysis of Dis/Agreement - With Particular Reference to Law and Legal Theory

ISBN-13: 9789048163700 / Angielski / Miękka / 2010 / 610 str.

S. Eng

Opis

In order to determine whether two participants in a discussion are in real dis/agreement, one must compare their propositions. Comparison presupposes yardsticks in common. Analysis of Dis/agreement thematises such yardsticks, in that it demonstrates the existence, content and factual significance of a relatively well-delimited set of proposition types and proposition patterns, with their accompanying tenability criteria and motivating interests. The book is a work in the field of legal theory by virtue of its demonstrating how lawyers' power of judgement is constituted in and through these yardsticks. The book is interdisciplinary by virtue of its demonstrating how the same yardsticks come into play more generally in argumentation formulated in everyday language, i.e. independently of law. And the book is a work in the field of philosophy by virtue of its demonstrating the existence and factual significance of language and argumentation actions with a certain independence in relation to the level of controversial fundamental philosophical positions.

Spis treści

Preface to the English edition. Preface to the Norwegian edition. Some symbols and conventions used in the text. I. Introduction. II. Some Fundamental Types of Proposition about What something is. A. Survey. B. Definitions. C. Characterisations. D. Analytically Un/true Propositions. E. Separating. F. Fusion of Descriptive and Normative Propositions. The Concepts of 'Descriptive Proposition' and 'Normative Proposition' as Concepts of Degree. G. No Corresponding Fusion of Definitions and Characterisations. H. Interplay. III. Topics from the Assessment of Tenability. IV. Some Forms of Language and Argumentation that often Make it Unclear which Type of Proposition One is Confronted with; in Particular on the Flight from the Normative Proposition. V. Reconstruction and Redefinition: A Distinct and Widespread Combination of the Fundamental Proposition Types. Conclusion. Literature referred to. Index of authors. Index of subjects.