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  1. Prototypical Argumentative Patterns in a Legal Context: The Role of Pragmatic Argumentation in the Justification of Judicial Decisions.Eveline T. Feteris - 2016 - Argumentation 30 (1):61-79.
    In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous (...)
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  • On the Entanglement of Coherence.Stephen Pethick - 2014 - Ratio Juris 27 (1):116-137.
    Although coherence has become one of the key concepts in contemporary legal theory, its meaning is taken almost universally to be elusive, complex and controversial. However, these difficulties are due just to the failure of commentators to distinguish the intension of the notion from other features of its (many) referents in extension. The oversight has caused qualities to be ascribed routinely to coherence that properly attach to various object(s) of which coherence is predicated, and which a theorist happens to have (...)
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  • Same-Sex Marriage and the Spanish Constitution: The Linguistic-Legal Meaning Interface.Rina Villars - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):273-300.
    This paper analyzes the implications that the linguistic formulation of the marriage provision of the Spanish Constitution of 1978 had for securing the passage in 2005 of Law 13/2005, which legalized same-sex marriage. By claiming that a semantic omission in the original legal text was a marker of distributiveness, SSM supporters aimed to avoid a constitutional amendment, and succeeded in doing so. This linguistic argument, based on implicitness, was instrumental as a subsidiary argument of political moral argumentation. Linguistic meaning therefore (...)
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