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4. Multiculturalism and Criminal Law: Between the Universal and the Particular
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Chapters in this book
- Frontmatter i
- Contents v
- List of Contributors vi
- Introduction: New Rhetoric’s Tattered Examples 1
- 1. Exemplarity and the Resonance of Reasoning 9
- 2. In and ‘Out of Joint’, In and Out of the Norm: On Rhetoric and Law 28
- 3. From the Norms–Facts Dichotomy to the System–Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in Adjudication 37
- 4. Multiculturalism and Criminal Law: Between the Universal and the Particular 50
- 5. Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token 66
- 6. Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New 83
- 7. What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism 101
- 8. Hypothetically Speaking: How to Argue about Meaning 119
- 9. Showing by Fiction: Audience of Extra-legal References in Judicial Decisions 139
- 10. Law as a System of Topoi: Sources of Arguments v. Sources of Law 156
- Index 171
Chapters in this book
- Frontmatter i
- Contents v
- List of Contributors vi
- Introduction: New Rhetoric’s Tattered Examples 1
- 1. Exemplarity and the Resonance of Reasoning 9
- 2. In and ‘Out of Joint’, In and Out of the Norm: On Rhetoric and Law 28
- 3. From the Norms–Facts Dichotomy to the System–Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in Adjudication 37
- 4. Multiculturalism and Criminal Law: Between the Universal and the Particular 50
- 5. Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token 66
- 6. Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New 83
- 7. What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism 101
- 8. Hypothetically Speaking: How to Argue about Meaning 119
- 9. Showing by Fiction: Audience of Extra-legal References in Judicial Decisions 139
- 10. Law as a System of Topoi: Sources of Arguments v. Sources of Law 156
- Index 171