ΟΙ ΣΥΝΕΠΕΙΕΣ ΤΗΣ ΔΙΚΑΣΤΙΚΗΣ ΑΠΟΦΑΣΗΣ ΩΣ ΘΕΜΕΛΙΟ ΤΩΝ ΝΟΜΙΚΩΝ ΚΡΙΣΕΩΝ

Consequence-based arguments in legal reasoning Dr Ilias Kouvaras JD, postdoctoral research fellow in law, Administrative Judge ISBN 978-960-654-205-3 Abstract: The present study examines whether and to what extent consequen- tialist arguments are admissible into juristic argumentation, i.e. whether any of the consequences of rulings are legally material for the judge, and if so, which ones. The analysis concerns the role of consequence-based arguments in legal reasoning de lege lata and de lege ferenda and concludes that there are strong reasons for supposing that judges, especially when deciding on hard cases, ought to consider and evaluate the consequences of various alternative rulings open to them. COPYRIGHT All rights reserved. No part of this publication may be reproduced, stored in a re- trievalsystem,ortransmitted, inany formorbyanymeans,withoutthepriorpermis- sion of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organisation. Enquiries concerning reproductionwhichmaynotbecoveredbytheaboveshouldbeaddressedtoNOMI- KI BIBLIOTHIKI S.A. at the address below. DISCLAIMER The content of this work is intended for information purposes only and should not be treated as legal advice.The publication is necessarily of a general nature; NOMIKI BIBLIOTHIKI, the author and the contributors make no claim as to the comprehen- siveness or accuracy of the information provided; Information is not offered for the purpose of providing individualized legal advice. Professional advice should there- fore be sought before any action is undertaken based on this publication. Use of this work does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIOTHIKI, or the author, or the rest of contributors. 23 Mavromichali str. | 106 80 | Athens | Greece T +30 210 3678 800 | F +30 210 3678 819 www.nb.org | info@nb.org © 2020, NOMIKI BIBLIOTHIKI S.A. LawPublishers inEurope Διαθέσιμο και στην: www. qualex .gr