WHY THEORY OF LEGAL ARGUMENTATION?

Abstract

Theories of legal argumentation appear in the mid of the XX Century when some authors (Perelman, Viehweg) disappointed by the yield of logics for the law, and their dissatisfaction with the three predominant legal doctrines: realism, normativism, and iusmoralism. Along the theories of legal argumentation there is a shift in the legal thought paradigm, and law starts to be understood as an argumentative praxis. Within this trend, there are three sorts of theories of argumentation: descriptive, weakly normative and strongly normative. Each of these fits —or can be useful for— each of those conceptions of law