Article | Traditions of Legal Argumentation of the Brussels Schoolof Legal Philosophy |
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Authors | Samokhina E. |
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2014 |
Pages | 202 - 208 |
Annotation | The aim of the author is to investigate the influence of Ch. Perelman’soeuvre on modern ideas of the Brussels school of legal philosophy. The author points tothe unjustified neglect of the Western scientific community to the ideas of the school,whose members are engaged in the adaptation of theoretical developments of Ch.Perelman to the needs of legal practice. The elaboration of the concepts of judicialdiscretion, the general principles of law and global law are the important achievement ofthe school. The author notes a variety of legal conceptions of the representatives of theBrussels school, but highlights their common features such as the recognition of therhetorical nature of law and the recognition of the legal pluralism and the rejection ofabsolute values, simultaneously denying value relativism, the proclamation of the centralrole of the judge in the process of legal enforcement. |
Keywords | Ch. Perelman, the Brussels school of legal philosophy, new rhetoric,argumentation. |
References | |
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