Rhetorical Status Theory as an Institutional Framework for Legal Discussions

Authors
Publication date 2016
Host editors
  • E.T. Feteris
  • H. Kloosterhuis
  • H.J. Plug
  • C.E. Smith
Book title Legal argumentation and the rule of law
ISBN
  • 9789462367029
Event International Conference on Legal Argumentation and the Rule of Law
Pages (from-to) 205-215
Publisher The Hague: Eleven International Publishing
Organisations
  • Faculty of Humanities (FGw) - Amsterdam Institute for Humanities Research (AIHR) - Amsterdam Center for Language and Communication (ACLC)
Abstract Status theory is traditionally interpreted as a typology of responses to an accusation or as a typology of questions arising for the judge. In this paper, status theory is interpreted from the perspective of the PVF (Policy, Value, Fact)-model of debate propositions. This dialectical interpretation reveals how status theory can be viewed as constituting an institutional framework for legal discussions that answers the need for legal certainty, predictability and reasonableness called for by the Rule of Law.
Document type Conference contribution
Language English
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