WHY THEORY OF LEGAL ARGUMENTATION?

Abstract

The article addresses the question about the aim of theory of legal argumentation, through the description and proposal of a particular theory of argumentation combining the most valuable contributions from those authors considered to be precursors of the theory of legal argumentation (VIehweg, Perelman, Toulmin, Recasens), as well as those who assert the so-called standard theory (Alexy, MacCormick). Here it is introduced a theory which overcomes the shortages of the former, providing theoretical and conceptual tools to grant a rational legal praxis within a framework of a concrete theory