Argumentation in the legal domain

Theme 3 Argumentation in the legal domain

Project 1: A pragma-dialectical approach of legal argumentation

Topic and scope This research aims to provide a characterization of different forms of legal justification as argumentative activity. The research integrates insights from pragma-dialectical theory, legal theory, AI and law and other relevant research in the legal domain with the purpose of providing theoretically motivated models for the analysis and evaluation of legal argumentation.
Duration 2014-2018
Research question How can different forms of legal justification be characterized as argumentative activity and which models are adequate for the analysis and evaluation of legal argumentation?
Status Monography (Handbook containing an overview of theories on the justification of judicial decisions) and academic articles
Researcher Eveline T. Feteris


Project 2: Changing institutional constraints on legal argumentation and communication 

Topic and scope Recently, the concept of the administrative judge’s role became subject of discussion. Subsequent guidelines recommend the judge to be more active and to contribute to social preconditions such as transparency, finality and a focus on solutions. The analysis of argumentative manifestations of the judge’s changing role in Dutch administrative law relates to the more general question of the implications changing institutional constraints may have for the starting points of the analysis of legal argumentation and communication.
Duration 2015-2017
Research question What implications does the changing role of the judge have for (the analysis of) the argumentative and rhetorical strategies the judge may employ during court hearings and in judicial decisions.
Method Qualitative empirical research
Researcher and supervisors Researcher: José Plug