The role of the judge in legal proceedings

Author: Feteris Eveline T.  

Publisher: John Benjamins Publishing Company

E-ISSN: 2211-4750|1|2|234-252

ISSN: 2211-4742

Source: Journal of Argumentation in Context, Vol.1, Iss.2, 2012-01, pp. : 234-252

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Abstract

In this contribution I characterize the role of the judge in the context of the argumentative activity of legal proceeding. I describe the role of the judge from a pragma-dialectical perspective and explain in which way this role promotes a rational resolution of the dispute. I specify how a critical discussion in accordance with the ideal model is implemented in legal procedure to accomplish the institutional point, a resolution of the dispute in accordance with the Rule of Law.