Download Analysis of Dis/Agreement — with particular reference to Law by Svein Eng (auth.) PDF

By Svein Eng (auth.)

In order to figure out even if contributors in a dialogue are in actual dis/agreement, one needs to evaluate their propositions. comparability presupposes yardsticks in universal. Analysis of Dis/agreement thematises such yardsticks, in that it demonstrates the lifestyles, content material and genuine importance of a comparatively well-delimited set of proposition forms and proposition styles, with their accompanying tenability standards and motivating pursuits. The e-book is a piece within the box of legal theory by means of advantage of its demonstrating how attorneys' energy of judgement is constituted in and during those yardsticks. The publication is interdisciplinary by means of advantage of its demonstrating how an analogous yardsticks come into play extra typically in argumentation formulated in daily language, i.e. independently of legislation. And the ebook is a piece within the box of philosophy by means of advantage of its demonstrating the lifestyles and authentic importance of language and argumentation activities with a undeniable independence relating to the extent of debatable basic philosophical positions.

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Analysis of Dis/Agreement — with particular reference to Law and Legal Theory

In an effort to be certain no matter if members in a dialogue are in genuine dis/agreement, one needs to examine their propositions. comparability presupposes yardsticks in universal. research of Dis/agreement thematises such yardsticks, in that it demonstrates the lifestyles, content material and real value of a comparatively well-delimited set of proposition varieties and proposition styles, with their accompanying tenability standards and motivating pursuits.

Extra resources for Analysis of Dis/Agreement — with particular reference to Law and Legal Theory

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Ross' propositions are neither empirically nor analytically un/true. Consequently, they cannot according to themselves be subjected to a rational discussion. 3 -My point in this connection is not to declare myself in agreement or disagreement with Ross' view with respect to what we have rational criteria to discuss. 4 And this lack becomes all the more striking when in addition to the paradox above one sees how categorically he rejects other rationality criteria than his own; precisely in the case of such sharp disagreement there is reason to demand a reflexive justification for choice of tenability criteria.

On the functions of definitions, see section 3 below. 4 Compare Searle, Speech Acts, pp. 19-21; MacCormick/Weinberger, An Institutional Theory of Law, p. 115. e. propositions that are true or untrue by definition. - In the case of analytically unltrue propositions one thus needs only the proposition formulation itself plus definitions of the words and expressions of which the formulation consists, to decide the truth value of the proposition. 5 Examples of proposition formulations expressing an analytically true proposition are: "This circle is round" and "A cup is white or a cup is not white".

G. von Wright, 'Form and Content in Logic', pp. 1-6; Strawson, Introduction to Logical Theory, pp. 40--58 (47-49); Quine, Mathematical Logic, pp. llel Elster, Argumentasjonsteori, sprak og vitenskapsfilosofi [argumentation theory, language and the philosophy of science], pp. 220--26. 7 As a background I shall later provide a brief survey of some main words and expressions (section D4). 8 Most people, however, have an intuitive and shared perception of a limited number of relevant meaning alternatives: For example, in the case of sentences of the form "if a, then b" it is often required that we choose between the meaning 'only if a, then b' (necessary and sufficient condition) and the meaning 'also if a, then b' (sufficient but not necessary condition); or in the case of sentences of the form "a or b" it is often required that we choose between the meaning 'either a or b' and the meaning 'either a or b, or both'.

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