Legal argumentation It is that type of reasoning that is formulated at some of the levels in which legal norms are used and in which it is necessary to convince. Likewise, it corresponds to being a theoretical-practical concept, which should be mastered by all the actors immersed in this legal field.
With which, if you are interested in this legal issue. You have reached the indicated portal. That is why, below, we will indicate each of the important aspects that govern this practice. Next, we will mention what it consists of in a broad way, its importance and much more.
What is Legal Argument?
First of all we will talk to you about what is meant by The Legal Argument, and then move on to other equally relevant points within this article. Therefore, in this section we will fully detail what this concept and legal practice is based on.
As mentioned above, the legal argumentation It is that type of reasoning that is formulated at one of the levels. Thus, within these levels rules of law are used. As well as, within those in which it is necessary and pertinent to convince.
That is to say, legal argumentation it is a theoretical-practical concept. Which should be dominated by all the actors who are immersed in this area of law or legality. Similarly, arguing means giving reasons for or against a fact.
With which, in the courts it is used legal argumentation to convince the judges of the different theories of a case and the best argument wins it. For this reason, argumentation becomes an essential value in a successful lawyer and, also, in judges who must justify their sentences.
Likewise, these sentences must be carried out through technical argumentation and understood by the legal spectrum. At the same time, legal argumentation its object is the arguments that occur in legal contexts. In this sense, three different legal fields can be distinguished in which arguments are made:
- The production or establishment of legal norms
- The application of legal norms to the specific case
- Legal dogmatics
Types of Arguments
- Argument from authority.
- Analog argument
- Fairness argument
- A fortiori
- Argument to the contrary
First, the authority argumentIt is the one where the citation of jurisprudence and doctrine is recognized. In order to reaffirm or reinforce the reasons given to support a thesis. Thus, it is used with great frequency by lower courts, when a higher court has already set a precedent with respect to an equal case.
Second, the analog argument, is a similarity between facts or situations that are at the base of the analogical interpretation. In this sense, this argument indicates the operation carried out by the interpreter to apply the legal provisions to a case not provided for by the legal order.
Third, the systematic argument, is the reason that is based on the legal precept applied to the case study. Likewise, it belongs to a system of norms that, together or correlated, give the justification for its application. The fairness argument, is the one that is developed with the intention of giving the resolution the focus of acting with justice
Fifth, the argument a fortiori, contains certain statements that are supposed to reinforce the truth of the proposition you are trying to prove. Finally, the argument to the contrary, is considered an instrument of linguistic or literal interpretation. Since the interpretive activity does not go outside the text to be interpreted.
Importance of Legal Argument
Now once you know what it is Legal Argument, it is just as important that you know the importance of this concept. That is why we will tell you about it in a much broader way below. So that you are aware of the need for this practice.
The main reason that legal argumentation is very important is because it is a conceptual and linguistic tool. Which will make the lawyer a good speaker, so that you can make an adequate defense and obtain a favorable judgment. As well as, so that those who judge issue their sentences appropriately.
In addition to its importance, Legal Argument it is very useful because it helps the lawyer to define what the conceptual instruments are. At the same time, what is the optimal legal reasoning to solve a conflict, provide good reasons and legitimize the function of dispensing justice.
Equally, Legal Argument it has a significant number of normative provisions contained in legal texts and they have an open texture. That is, they are subject to ambiguity, vagueness, gaps, contradictions in legal language that can produce legitimate differences, and consequently disputes.
In conclusion, arguing is a skill that the best lawyers must constantly develop and practice. Thus, in the legal argumentation are the reasons to demonstrate, persuade or challenge the propositions in favor of the litigant and his client, or the resolution of a case by the judge.
Origin of the Legal Argument
Likewise, the point to be addressed now is what is the origin of Legal Argument. So don’t worry, we will tell you everything you need to know below. In this way, you will be able to have a more complete knowledge about the beginnings of this legal practice.
Legal argumentation arises in the 50s of the twentieth century. That is to say, it is a relatively new concept that originated from the hand of authors that today we can consider classics. For example: Perelman, Toulmin, Recasens Sitches, among others.
- The argumentation rational of the values.
- The argumentation legal of the rule.
This type of argumentation plays a crucial role in the exercise of Law since it justifies the values or interpretations. Which are imposed by society as laws and regulations, allowing the lawyer to take the judge from the events to the judicial decision.
In this section we will talk about the characteristics of legal argumentation, information that can be very useful. With which, in general terms, any exercise of legal argumentation complies with the characteristics that we list below:
- First of all, aim to convince, to modify the opposite point of view, that is, to persuasion.
- As second place, no It consists simply of giving an opinion, but of supporting opinions in a verifiable way.
- Third, it is based on the construction and the handling of arguments, using premises, data and information to sustain logically a point of view.
- And finally, appeal to reason and not emotions.
Similarly, within legal argumentation, there are two very important aspects, such as: internal justification and external justification. Thus, the internal justification consists of a first stage of identification of the premises that will be used in the judicial decision.
With which, use is made no only in the syllogism that plays a predominant role at that stage, but also in the identification of the greatest possible number of universal premises. While the external justification is the justification of the premises used in the internal justification process.
- Dogmatic argumentation
- Use of precedents
- General practical argument
- Empirical argument
- Special forms of legal argumentation
How to Prepare a Legal Argument?
On the other hand, we are almost at the end of this article. But we can’t leave without first talking to you about how to make a good legal argument. That is why, below we indicate everything you need to know about the detailed steps to develop this legal practice.
- Identify the general topic or problem that you intend to discuss.
- Determine your position on the problem.
- Determine your main reasons.
- Build your argument by joining the parts using an argumentative marker
- Ask yourself if any of the reasons that support your conclusion have been questioned.
- Do you have several parallel reasons that support the same conclusion?
At first step, what you should do is ask yourself if the problematic situation needs arguments. If the answer is yes, then go to the second step. What second Step, you must determine your position with respect to the problem, since that is where your defense and your arguments will start.
Now in the third step, you must answer the question why do you take that position on the problem? You must be responsible and careful and investigate about it, so that you do not fall into a fallacy of irrelevance. Then in the room step, you must give coherence and order to your arguments.
With which, this coherence must be through some argumentative marker, since in some cases ambiguity can play in your favor. But it is more frequent that it plays against you, because perhaps others misunderstand your point of view or do not give it the importance it deserves.
Then, in the fifth step, if the answer is yes, there is probably a subproblem that you need to solve. However, if the answer is negative, go to step six. Finally, in the sixth And last step, if the answer is negative, it means that you must have already put together your well-organized arguments.
We hope you have a lot of success in the process!
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