The Reconstruction of Legal Analogy-Argumentation: Monological and Dialogical Approaches

摘要

In this contribution two approaches of legal analogy-argumentation will be discussed: the traditional, monological approach and the dialogical approach. This contribution aims at answering the question in how far these approaches may serve as adequate instruments for rational reconstructions of this analogy-argumentation. We will also indicate along which lines the insights resulting from these approaches may be developed further in order to arrive at a more comprehensive and systematic method for a rational reconstruction of argumentation of this sort. We will make use of the insights gained from the pragma-dialectical argumentation theory.