аргумент

General theoretical legal science is essentially a practical discipline. Therefore, there is no institutional dualism between applied and theoretical jurisprudence in universities, unlike in mathematics or physics. However, a look at the previous history of law shows that there was a period when legal theory was subjected to fundamental research. At that time, arguments from related disciplines, such as philosophy and social sciences, were enthusiastically accepted for the sake of theoretical development of legal methodology. Unfortunately, this golden age of theory is over.

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.

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.