Abstract

This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.

Journal
Argumentation
Published
2010-05-01
DOI
10.1007/s10503-009-9172-9
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Citation Context

Cited by in this index (1)

  1. Argumentation

Cites in this index (1)

  1. Argumentation
Also cites 3 works outside this index ↓
  1. Purposive interpretation in law
  2. Hood, C. 2006. Gaming in targetworld: the targets approach to managing British public services. Public Admini…
  3. Kennedy, D. 2001. The political stakes in “merely technical” issues of contract law. European Review of Priva…