Models for the Analysis of Legal Argumentation EVELINE T. FETERIS Department of Speech Communication‚ Argumentation Theory and Rhetoric University of Amsterdam Spuistraat 134 1012 VB Amsterdam Netherlands e.t.feteris@uva.nl Introduction In their classical works on argumentation the philosophers Chaïm Perelman and Stephen Toulmin presented the procedures and practices of legal reasoning as a model for a rational practice of argumentation. In the 50 years since the publication of Perelman and
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Legal positivists make some distinctive claims about what constitutes legal validity. It is difficult to improve on the following introduction offered by Leslie Green: "Whether a society has a legal system depends on the presence of certain structures of governance‚ not on the extent to which it satisfies ideals of justice‚ democracy‚ or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example‚ legislative enactments
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Treatment of asylum seekers by the Australian legal system The treatment of asylum seekers by the Australian legal system is a controversial issue dealing with human rights and people from different sides have different perspectives on this subject .The Australian legal system has attempted to achieve justice for the parties affected by the matter through various court cases and legislation and policy changes. Has justice been achieved? The current Australian government perspective on this
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Legal study Syllabus notes FAMILY LAW Key Terms: Adoption: The taking of one’s child into one’s family‚ creating a parent to child relationship‚ and giving him or her all the rights and privileges of one’s own child. Annulment: A declaration by court that a supposed marriage is in fact void. Apprehended Domestic Violence Order (ADVO): A court order that aims to protect the applicant from violence and other forms of intimidation or abuse perpetrated by a family member Assault: A criminal
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Assignment on the Legal issues for business startup By ABC Date There could be number of legal issues that could create a hurdle at the start of a business. Therefore‚ every issue or legal fear could be dealt properly in order to execute the starting process of the company in an efficient manner. The fears or a business might face issues related to operation and structure that could have legal implications. The primary things for starting business are the name chosen for the business should
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Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands‚ unlike in other significations of desire‚ the one commanding has the power to inflict evil or harm upon the one commanded‚ once the command is ignored. Command and Duty are correlative terms (parang games lang‚ haha!) * wherever a duty lies‚ a command
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What is Contract? Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as contract. Since the law of contracts is at the heart of most business dealings. There are two important elements in Agreeement of Contracts‚ i.e. 1) A proposal or an offer 2) An acceptance of that proposal or offer Essential Elements of a Valid Contract:- a) Agreement: - A negotiated and usually
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of these arrangements are usually carried out without problems‚ there are those which the specific agreements are not met‚ intentionally or unintentionally‚ which is in breach of the consumer law. When non-compliance occurs‚ the suffering party can begin taking action against the non-compliant party. Criminal prosecution for breaches of the law is only a single action of a range of methods regulators may take to ensure compliance with the law. Other actions and strategies include: • education‚ guidance
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Legal Environment of Business Legal Brief State of Oklahoma‚ ) ) Plaintiff‚ ) ) v. ) Case No. 06-2323-02-NBA ) Alexandra Anderson ) ) Defendant. ) _______________________) BRIEF IN REGARDS TO DEFENDANT KNOWINGLY RECEIvING STOLEN GOODS FACTS OF THE CASE On September 11th‚2012 Alexandra Anderson made an appointment for September 15th‚ 2012 with the Apple Genius Bar at their Woodland Hills location in Tulsa‚ Oklahoma. On September
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Unit Outline 2013 Faculty of Business‚ Government and Law Legal Systems G 6777 Page 1 of 16 Australian Government Higher Education (CRICOS) Registered Provider number: #00212K This Unit Outline must be read in conjunction with: a) UC Student Guide to Policies‚ which sets out University-wide policies and procedures‚ including information on matters such as plagiarism‚ grade descriptors‚ moderation‚ feedback and deferred exams‚ and is available at (scroll to bottom of page) http://www
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