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The Impact of Results in Legal Argumentation Validation
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Abdolkarim Haghighi1    , Morteza Rahimi *2 |
1- Jurisprudence and the Fundaments of Islamic Law, University of shiraz.
2- of Quranic Sciences and Law , Faculty of Theology, University of Shiraz. |
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Abstract: (310 Views) |
Every knowledge domain possesses a systematic method for addressing its inquiries and quandaries. Within the sphere of jurisprudence, interpretation assumes a pivotal role, as it hinges upon the presuppositions and objectives of the interpreter. Consequently, the proliferation of divergent viewpoints in legal interpretation is tolerable and imperative. This research elucidates the query: "Is it feasible to proffer a yardstick for evaluating and comparing conflicting interpretations?" The findings emanating from this study, which adopts a descriptive and analytical approach, elucidate that jurisprudence and logic represent discrete disciplines. In logic, deductions emanate from premises and necessitate unreserved acquiescence. Conversely, within jurisprudence, the outcome of argumentation yields tangible ramifications within the societal framework.
Consequently, within the legal discourse domain, the result of the argumentation warrants autonomous scrutiny. Several conceivable criteria emerge for appraising the outcome of legal argumentation, with utmost importance ascribed to notions of justice, legislative intent, pragmatic interests, and the cohesion of the legal framework. Given the profusion and heterogeneity of perspectives within legal scholarship, embracing all these criteria for gauging the strengths and shortcomings of legal argumentation proves arduous. Nevertheless, it is tenable to assert that the greater the concurrence of an argument's result with multiple criteria, the more robust its credibility and acceptability shall be.
- Haghighi, A., Rahimi, M. (2024). The Impact of Results in Legal Argumentation Validation, Journal of Legal Philosophy Studies, 1(1), 119-138. |
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| Keywords: Legal Argumentation, Result Evaluation, Interpretation, Criterion |
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Full-Text [PDF 631 kb]
(292 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/09/28 | Accepted: 2023/11/27 | Published: 2024/01/5
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