adversarial principle

Fundamental principles of legal argumentation

The article explores the features of the fundamental principles of legal argumentation that affect their application and interpretation. Separate emphasis is placed on the origin of various principles. The basic principles of legal argumentation are similar to general scientific ones, but modified to meet the needs of legal argumentation. These principles have a moral and ethical basis, which entails a certain freedom of interpretation and application, but at the same time there are criteria that determine the degree of implementation of these principles in each individual case.