legal argumentation

Significant determinants of legal arguments: subjectivism, irrationalism, volunteer liberalism

Distribution dialectical approach to legal reasoning proves an accomplished fact about the weakening of the legal-positivist perception in the generally accepted doctrine of the right in favor of the natural-law concept of legal understanding. In this connection, we consider the philosophical and legal theories of subjectivism, irrationalism and voluntarist liberalism, which discloses the essential content of legal argumentation in modern law.

Philosophical and legal determinants forming legal argentation at the New time (XVII–XIX centuries)

The  influence  of  philosophical-legal  ideas  of  the  period  of  the  New  Age,  the  main 
tendencies  of  the  development  of  logic  and  rhetoric  on  the  formation  of  the  theory  of  legal 
argument  is  revealed.  It  is  emphasized  the  decisive  influence  of  rationalism  as  a  new  scientific 
paradigm  on  the  formation  of  new  approaches  in  argumentation.  The  analysis  of  the 
correlation  between  logic  and  rhetoric  in  philosophical  knowledge  and  its  influence  on  the 

The statement of the theory of legal argument in the period of antiquity and the roman law

The article describes the history of the origin of the theory of legal argument in the philosophy of Ancient Greece, reveals the preconditions and reasons for its appearance and development. The analysis of sophistry and its influence on the practice of legal argumentation in ancient legal proceedings, the contribution of Plato and Aristotle to the formation of general theoretical foundations of reasoning, in particular, in logic and rhetoric, as well as their further development and perfection in Roman law (based on the views of Cicero and Seneca of the Elder).

Proof (evidence) and refutation as types of argumentation

Specialists in industry of communicative linguistics, logic, eristic consider that proof (evidence) as a logical and methodological form of scientific cognition in the broadest sense is the process of establishing objective truth through practical and theoretical actions and tools. In a narrow interpretation, bringing called reasoning that establishes the truth of certain allegations by pointing to other allegations, the truth of which is already proven.