Law and decision. Between argumentation and legal system
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Favorita Barra
Publishing Year 2017 Issue 2017/2
Language Italian Pages 24 P. 35-58 File size 416 KB
DOI 10.3280/SD2017-002002
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This essay arises from the century-old debate that has affected the relationship between court judgment and argumentation. The paper aims, on the one hand, to focus on the normative dimension of the judicial decision and, on the other hand, to reinterpret its binding nature and immutability on the basis of the findings developed within the theory of language. The research outcome under-lines the complexity of the link between the "compulsion to decide" - primacy of res judicata - and logical-argumentative processes.
Keywords: Decision - Legal system - Discourse - Argumentation - "Almost logic"
Favorita Barra, Diritto e decisione tra discorso e sistema giuridico in "SOCIOLOGIA DEL DIRITTO " 2/2017, pp 35-58, DOI: 10.3280/SD2017-002002