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Methodology of Legal Argumentation

Methodology of Legal Argumentation

Paperback

General Law

ISBN10: 6630223624
ISBN13: 9786630223620
Publisher: Our Knowledge Publishing
Published: Jul 13 2026
Pages: 60
Weight: 0.21
Height: 0.14 Width: 6.00 Depth: 9.00
Language: English
This book offers a structured analysis of legal reasoning, breaking with traditional views that reduce it to a mere mechanical application of the rule of law. It argues that law does not function as a closed deductive system, but as a process of intellectual construction subject to normative constraints.The study first demonstrates that legal facts are never given as such: they are selected, organized, and transformed through processes of legal characterization. It then highlights the central role of the interpretation of legal norms, which goes beyond a literal reading and draws on teleological and systemic reasoning, thereby opening the way to several possible solutions.The book also analyzes the role of case law as an argumentative tool, serving as both a source of authority and a means of justification. It emphasizes the constructed and hierarchical nature of legal reasoning, in which arguments are structured, directed, and confronted with objections. Finally, it proposes an integrated model of legal reasoning structured around four stages: norm, qualification, argument

Also from

Momu Mikwa, Rodrigues

Also in

General Law