The Notion of an Ideal Audience in Legal Argument (Law and Philosophy Library)

the long version

"This book examines in some detail how our concepts of an ideal or "universal" audience influence legal argument. It shows how asking what are the arguments and the forms of argumentation that we believe would be accepted by such an audience, is a useful analytical tool. The book explores what, if any, are the constraints that our vision of an ideal audience imposes on public discourse and particularly on legal discourse. Different legal cultures have different idealized notions as to the role of the judge. Different conceptions of the role of the judge will influence many aspects of legal decision making, including how statues and other authoritative official instruments should be interpreted. All these issues will also be influenced by how a particular legal culture envisons the common or public good and by how tolerant a particular legal culture is of diverse outcomes, that is by how much discretion superior legal decision makers are prepared to grant inferior decision makers." "This volume will be of interest to academics and professionals in the fields of legal philosophy, argumentation and comparative law."--Jacket.