Publication details

Argumentace krásnou literaturou v právu

Title in English Argumentation by literary fiction


Year of publication 2014
Type Article in Proceedings
Conference Kreativita v právu 2014
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords Law and Literature; argumentation; law; literature; judicial decision
Description This paper deals with the use of literary fiction in legal reasoning. In the first part of the paper, I examined the use of literary fiction in judicial decisions with regard to Law and Literature. In the second part, I focused on the relationship of argumentation by literary fiction and hermeneutics, with particular emphasis on Gadamer's conception of this issue. The third part then I explain what are the mutual relations of speech, argumentation by literary fiction AND comprehension. In the last part of the paper, this knowledge will be confronted with the findings of the New Rhetoric. In conclusion, I will summarize what the use of literary fiction means in terms of rhetorical quality of argumentation and whether the use of this method of argumen tation is in our environment meaningful. The aim of this paper is to briefly describe and explain this unique phenomenon in legal reasoning.
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