Pauline Westerman

1 article
University of Groningen ORCID: 0009-0006-6168-273X

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Pauline Westerman's work travels primarily in Rhetoric (100% of indexed citations) · 1 indexed citations.

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  1. Argumentation May 2010 OA PDF
    Arguing About Goals: The Diminishing Scope of Legal Reasoning ↗
    Pauline Westerman
    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.

    argument
    doi:10.1007/s10503-009-9172-9