argument

The article examines the problems of argumentative practice in legal activity. The emphasis is placed on studying the requirements for speakers as subjects of the judicial process. The factors influencing the effectiveness of argumentation are determined, namely: communication skills and abilities, knowledge, ideas, the value system of the speaker, emotional and psychological state, social status and role in society. The influence of these factors on determining the tactics and strategy of argumentation and selection of arguments is indicated.

Based on the analysis of creative heritage famous Roman orator, philosopher and politician, especially some of his judicial speeches found features applied his rhetorical argument for the purpose of proving and convincing opponents in court proceedings, attention is focused on the fact that determining the theoretical provisions aimed at development of public speaking, justified in the treatises of Cicero, built on a deep knowledge of rethinking and revision thinkers of antiquity, while based on a synthesis of his own practically experience.

Taking into account the principle of competition on which the trial takes place, and also often decisive role in its human factor, consider specific features of the judicial reasoning, characteristic of each participant of the legal discourse. The exceptional accent is placed on the rhetorical aspect of argumentative practice, used in legal proceedings, when fully opened of the participants meaning in the process of solving the case.