June 22, 2017

Klatt on Legal Argumentation and the Rule of Law @profklatt

Matthias Klatt, University of Graz, Faculty of Law, has published Legal Argumentation and the Rule of Law. Here is the abstract.
Both the concept of legal argumentation and the concept of the rule of law are contested and subject to irrationality objections. The present article refutes these objections by analysing the two concepts and focussing on their mutual relation. Based on a new account of the rule of dual-natured law, it elaborates in detail on how law’s dual nature play out in the various forms and problems of legal reasoning, allowing for a third theory of legal argumentation which integrates formal and material elements by means of optimization.
This essay has appeared as "The Rule of Dual-Natured Law, in Legal Argumentation and the Rule of Law 27-46 (Eveline Feteris, Harm Kloosterhuis, Jose Plug, and Carek Smith, eds.; The Hague: Eleven International Publishing, 2016). Download the essay from SSRN at the link.

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