A Teleological Approach to Legal Dialogues
Title: A Teleological Approach to Legal Dialogues
Author: SARTOR, Giovanni
Publisher: European University Institute
Series/Report no.: EUI LAW; 2006/28
This paper aims at connecting two ideas that play a fundamental role in Robert Alexy’s theory of legal reasoning, namely, on the one hand the idea of a dialogue and on the other hand the idea of a value (a goal to be realised in the political and legal domain). In particular, I shall argue that goal-oriented (teleological) considerations can contribute to determining the structure of dialectical interactions. Correspondingly, it is possible identify a variety of teleologically justified kinds of legal dialogues.
Subject: law; argumentation; dialectics
Type of Access: openAccess