Argumentation by Fiction Cover Image

Argumentace krásnou literaturou
Argumentation by Fiction

Author(s): Terezie Smejkalová
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: fiction; argument; law and literature; story; narrative; narrative experience; Constitutional Court of the Czech Republic

Summary/Abstract: This paper focuses on the issue of argumentation by the means of Fiction and other belletristic works of art in the context of decisions of Th e Constitutional Court of the Czech Republic. Its reasoning stems from the statutory requirement of “persuasiveness” of judicial reasoning. Further, it addresses the importance of the reflection of narrative experience and metaphor in understanding. In the subsequent part, this paper presents and discusses the results of a brief quantitative survey of practical usage of argumentation and references to Fiction in the decisions of The Constitutional Court of the Czech Republic.

  • Issue Year: 1/2011
  • Issue No: Coll.
  • Page Range: 23-31
  • Page Count: 9
  • Language: Czech