Marko Novak - Böcker

Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found.This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context.The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.

Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found.This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context.The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.

This book is based on presentations and discussions at the special workshop “The concept of Legal Consciousness” held on July 7, 2022, in Bucharest, Romania, as part of thirtieth biennial World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR). The workshop was focused on the importance of this concept for legal theory, legal sociology, and legal psychology (“psychology and law”). The book consists of fourteen contributions divided into four thematic parts elaborating the following topics: concept of law, methodology of legal sciences, role of legal consciousness in legal theory and legal sociology, adjudication, constitutionalization, modification of the legal system, and the deliberate normative change.

Thisvolume presents a Type Theory of Law (TTL), claiming that this is a uniquetheory of law that stems from the philosophical understanding of Jung’spsychological types applied to the phenomenon of law. Furthermore, the TTLclaims to be a universal, general and descriptive account of law. To provethat, the book first presents the fundamentals of Jungian psychological types,as they had been invented by Jung and consequently developed further by hisfollowers. The next part of the book describes how the typological structure ofan individual determines their understanding of law. It then addresses the wayin which inclusive legal theory can be understood based on this typology.Finally, the book describes the TTL in general and descriptive terms and putsit into context. All in all, the book shows how the integral or inclusiveapproach to understanding the nature of law is not only in tune with our time,but also relevant for presenting a more persuasive picture of law than theolder exclusivist or dualist approaches of strict natural law and rigid legalpositivism did.

This book provides a comparison and practical guide of the data protection laws of Canada, China (Hong Kong, Macau, Taiwan), Laos, Philippines, South Korea, United States and Vietnam.