What is the Theory Legal Argumentation For?

The paper aims to present the legal theories of legal argumentation constructed in the last century, organised into two groups: the precursors (Viehweg, Perelman and Toulmin) and the authors of the standard theory (MacCormick and Alexy). Then, some criticisms about all these conceptions are presented. And finally, an outline of a theory of legal argumentation is made, capable of overcoming some of the previous criticisms. The fundamental idea for this is to build a very abstract concept of argumentation that could then allow various interpretations or conceptions of legal argumentation. From here, one would be in a position to find an answer to the three main argumentative questions raised by legal practice: how to analyse an argument, how to evaluate it, how to argue.

     

Correction to: The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In the original publication of the article, the paragraph beginning “We begin with two...     

Senkt New Public Management die Verwaltungsausgaben in den Schweizer Kantonen? Eine empirische Analyse über zwei Dekaden

In light of the growing public spending in many regions of the world, this study scrutinizes relevant determinants of core public administration expenditure at the cantonal level in Switzerland, focusing particularly on New Public Management (NPM) reforms. The empirical study comprises all 26 cantons in the period from 1993 through 2014 and uses both cross‐sectional and longitudinal analytical methods. In addition to NPM, we control for various variables related to political parties, institutions, socioeconomics and culture. The results show no clear relationship between NPM reforms and expenditure, although such reforms were often intended to cut costs. Our explanation for this finding is that NPM as a concept is rather inconsistent. Various control variables are either positively or negatively related with expenditure. All in all, our findings suggest that public expenditure is still mostly determined by politics and can only be influenced by administrative reforms within certain narrow limits.     

Age and Gender Differences in the Associations of Self-Compassion and Emotional Well-being in A Large Adolescent Sample

Adolescence is a challenging developmental period marked with declines in emotional well-being; however, self-compassion has been suggested as a protective factor. This cross-sectional survey study (N?=?765, grades 7th to 12th; 53?% female; 4?% Hispanic ethnicity; 64?% White and 21?% Black) examined whether adolescents’ self-compassion differed by age and gender, and secondly, whether its associations with emotional well-being (perceived stress, life satisfaction, distress intolerance, depressive symptoms, and anxiety) also differed by age and gender. The findings indicated that older females had the lowest self-compassion levels compared to younger females or all-age males. Self-compassion was associated with all emotional well-being measures, and gender and/or age moderated the associations with anxiety and depressive symptoms. Among older adolescents, self-compassion had a greater protective effect on anxiety for boys than for girls. Additionally, older adolescents with low and average self-compassion had greater levels of depressive symptoms than those with high self-compassion. These results may inform for whom and at what age self-compassion interventions may be implemented to protect adolescents from further declines in emotional well-being.     

The agroecological revolution in Latin America: rescuing nature,ensuring food sovereignty and empowering peasants

This paper provides an overview of what we call ‘agroecological revolution’ in Latin America. As the expansion of agroexports and biofuels continues unfolding in Latin America and warming the planet, the concepts of food sovereignty and agroecology-based agricultural production gain increasing attention. New approaches and technologies involving the application of blended agroecological science and indigenous knowledge systems are being spearheaded by a significant number of peasants, NGOs and some government and academic institutions, and they are proving to enhance food security while conserving natural resources, and empowering local, regional and national peasant organizations and movements. An assessment of various grassroots initiatives in Latin America reveals that the application of the agroecological paradigm can bring significant environmental, economic and political benefits to small farmers and rural communities as well as urban populations in the region. The trajectory of the agroecological movements in Brazil, the Andean region, Mexico, Central America and Cuba and their potential to promote broad-based and sustainable agrarian and social change is briefly presented and examined. We argue that an emerging threefold ‘agroecological revolution’, namely, epistemological, technical and social, is creating new and unexpected changes directed at restoring local self-reliance, conserving and regenerating natural resource agrobiodiversity, producing healthy foods with low inputs, and empowering peasant organizations. These changes directly challenge neoliberal modernization policies based on agribusiness and agroexports while opening new political roads for Latin American agrarian societies.     

The politics and economics of pork barrel spending: The case of federal financing of water resources development

This paper empirically investigates the economic and political factors that have influenced annual Corps of Engineers water resource spending. Despite the common view that “pork barrel” spending is economically unjustified and purely politically motivated, economic factors have been important in determining water resource spending. From 1865–1920, economic development and industrialization increase spending, and from 1921–1988, spending appears to be counter-cyclical. There is also evidence that majority parties control spending levels in the post-Civil war period, while in recent times, legislators act under a norm of “constrained universalism” and are influenced by the costs to their constituents of increased spending.