legal argumentation

It is argued that the current legal norms are closely related and consistent, ie acquire the property of consistency, which is legally introduced into law. It is established that positive law is nothing but a system of legal norms in force in society. When establishing new legal norms, the legislative body must coordinate them with the existing ones. Nevertheless, isolated from other similar legal norms of the single order, legal norms cannot be implemented outside the regulatory system, and their internal potential will not be claimed.

The article is devoted to the consideration of the specifics of legal argumentation in defense of the Ukrainian national system.
It is determined that the modern doctrine of legal argumentation arose as a result of generalization and systematization of techniques and methods of controversy, which were common in ancient Greece. Of course, the ability to persuade people, to make argumentative arguments against their opponents, to support their facts, to influence not only the minds but also the feelings and emotions of listeners, has become extremely important.

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.

The article examines the formation of domestic legal argumentation based on the legal tradition. The emphasis is placed on the problem of moving away from the Soviet legal heritage. The main factors that influenced the postponement of the process of formation of legal argumentation in Ukraine are identified. The influence of legal positivism on the formation of its features, the formulation of legal principles is clarified. Positive and negative factors influencing the formation of legal argumentation at the beginning of the existence of an independent Ukrainian state are studied.

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.

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.

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 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).

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.