What is the Theory Legal Argumentation For?

The paper aims to present the legal theories of legal argumentation constructed in the last century, organised into two groups: the precursors (Viehweg, Perelman and Toulmin) and the authors of the standard theory (MacCormick and Alexy). Then, some criticisms about all these conceptions are presente...

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Bibliographic Details
Published in:International journal for the semiotics of law = Revue internationale de sémiotique juridique 2020-03, Vol.33 (1), p.147-153
Main Author: Atienza, Manuel
Format: Article
Language:English
Subjects:
Applied Linguistics
Fundamentals of Law
Law
Law and Criminolgy
Legal History
Philosophy of Law
Theories of Law
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Summary:The paper aims to present the legal theories of legal argumentation constructed in the last century, organised into two groups: the precursors (Viehweg, Perelman and Toulmin) and the authors of the standard theory (MacCormick and Alexy). Then, some criticisms about all these conceptions are presented. And finally, an outline of a theory of legal argumentation is made, capable of overcoming some of the previous criticisms. The fundamental idea for this is to build a very abstract concept of argumentation that could then allow various interpretations or conceptions of legal argumentation. From here, one would be in a position to find an answer to the three main argumentative questions raised by legal practice: how to analyse an argument, how to evaluate it, how to argue.
ISSN:0952-8059
1572-8722
DOI:10.1007/s11196-019-09669-6