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

Andresani, Gianluca and Ward, Tony (2020) Arguments and Stories in Legal Reasoning: The Case of Evidence Law. Archiv fur Rechts- und Sozialphilosophie, 106 (1). pp. 75-90. ISSN 0001-2343

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Abstract

We argue that legal argumentation, as the subject matter as well 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.

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