Arguments and Stories in Legal Reasoning: The Case of Evidence Law

Ward, Tony and Andresani, Gianluca (2019) Arguments and Stories in Legal Reasoning: The Case of Evidence Law. Archiv fur Rechts- und Sozialphilosophie. ISSN 0001-2343 (In Press)

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Abstract

We argue that legal argumentation, as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis.

Item Type: Article
Uncontrolled Keywords: Expert evidence, narrative coherence, legal reasoning, argumentation schemes, evidential argumentation, argumentation studies
Subjects: M900 Other in Law
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Paul Burns
Date Deposited: 21 Jan 2019 14:52
Last Modified: 21 Jan 2019 14:52
URI: http://nrl.northumbria.ac.uk/id/eprint/37671

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