LEGAL ARGUMENTATION (1)

Which scholar interprets legal argumentation as a rhetorical practice aimed at achieving intersubjective acceptance rather than absolute truth?

• Robert Alexy

• Chaim Perelman

• Neil MacCormick

• Ronald Dworkin

What does Perelman mean by the term “universal audience”?

• All individuals affected by a legal decision

• All judges within a jurisdiction

• An ideal group of rational, reasonable people

• The litigants involved in a case

Who views legal argumentation as a process of persuading an audience using values and shared beliefs?

• Robert Alexy

• Neil MacCormick

• Chaim Perelman

• Ronald Dworkin

According to Robert Alexy, which type of justification tests whether the decision logically follows from the rule and facts?

• External justification

• Internal justification

• Deductive justification

• Institutional justification

What is the key difference between internal and external justification in Alexy’s theory?

• Internal focuses on moral principles; external on facts.

• Internal checks logic; external checks the acceptability of premises.

• Internal checks fairness; external checks efficiency.

• Internal is about balancing; external is about deduction.

Which scholar views legal argumentation as institutionalized moral reasoning?

• Aulis Aarnio

• Neil MacCormick

• Ronald Dworkin

• Robert Alexy

What does Neil MacCormick mean by “second-order justification”?

• Explaining how law should be interpreted morally

• Logical application of rules to facts

• Reasoning in hard cases using principles and consequences

• Rational debate between judges

For Aulis Aarnio, what makes legal reasoning justified?

• It follows strict logical deduction

• It is accepted by all rational participants (intersubjective acceptability)

• It aligns with precedent only

• It uses rhetorical persuasion

Ronald Dworkin’s “Law as Integrity” means that:

• Law must be applied mechanically without moral input

• Judges should balance rules through discourse

• Law must be interpreted as a coherent moral system

• Legal reasoning must rely solely on precedent

Which of the following best describes the general meaning of argumentation?

• Persuasion through emotional appeal

• Process of reasoning and justification to support a claim

• Agreement without reasoning

• Interpretation of legal texts