Abstract
In recent years the process of argumentation has become an important subject of research in various disciplines such as legal philosophy, formal logic and AI and Law. Since many legal activities are governed by procedures, such as passing sentences, drafting legislation, applying for licences, etc., a procedural approach to legal reasoning seems natural. This paper discusses three characteristics of legal justification that justify the choice for a procedural, i.e. a dialogical, model: the difficulty of getting a solid foundation to base decisions on, the defeasible nature of legal reasoning and the open character of law.
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