Concept of Law, Influence, and Practical Philosophy: A Reflection from an Argumentation Perspective

Seminar with Mate Paksy (Université Catholique de Lille)

Concept of Law, Influence, and Practical Philosophy: A Reflection from an Argumentation Perspective

The seminar will be a hybrid meeting. It will be held in room 110 on Bracka 12 (Pałac Larischa), Kraków and Teams on February 23, 2023 (Thursday, 17:30 CET).

Abstract:

The main idea of the presentation is to embrace and develop the concept of law as an institutionalised argumentative practice seeking to influence the lawyer's audience through persuasion. I suggest, therefore, that the influence of law is to be conceptualised by practical reason. In doing so, I believe I can show that law as a social practice is not fundamentally different from other forms of practical reasoning.  The other aim of my research is to examine whether other relevant interpretive concepts such as 'rule' or 'sanction' should be considered as conceptual necessities for understanding the law as an argumentative practice. Finally, my argument offers a fundamental refutation of French legal neo-realism that seeks to deconstruct in the name of the science not only rule-based models of decision-making, but also the law’s capacity to create normative reasons for action.