The essay is built around the following argumentative structure: firstly, I focus on the specific type of narratives involved in legal trials and especially on the eventful character they should have in order to be presented as relevant within a legal argument. In order to do so, I sketch the main aspects of the process of qualification typical of legal reasoning (§ 2). Secondly, I consider the interaction between factuality and normativity – typically involved in narrativity - considering in particular those cases named ‘hard cases’, where the eventfulness of the facts generates the need for the legal order to justify its effects on reality, by resorting to a supreme and presupposed normative orientation, as a radical foundation of the validity of the whole order (§ 3).
The importance of being eventful. On narratives and legal culture
Condello, A.
2020-01-01
Abstract
The essay is built around the following argumentative structure: firstly, I focus on the specific type of narratives involved in legal trials and especially on the eventful character they should have in order to be presented as relevant within a legal argument. In order to do so, I sketch the main aspects of the process of qualification typical of legal reasoning (§ 2). Secondly, I consider the interaction between factuality and normativity – typically involved in narrativity - considering in particular those cases named ‘hard cases’, where the eventfulness of the facts generates the need for the legal order to justify its effects on reality, by resorting to a supreme and presupposed normative orientation, as a radical foundation of the validity of the whole order (§ 3).Pubblicazioni consigliate
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