Statutory Interpretation

£25.00

Statutory Interpretation

Pragmatics and Argumentation

Jurisprudence and general issues Methods, theory and philosophy of law

Authors: Douglas Walton, Fabrizio Macagno, Giovanni Sartor

Dinosaur mascot

Language: English

Published by: Cambridge University Press

Published on: 21st January 2021

Format: LCP-protected ePub

Size: 8 Mb

ISBN: 9781108681964


Statutory interpretation

Involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint.

This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation.

Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.

Show moreShow less