The Logical Foundations of Legal Argumentation
The article examines the logical foundations of legal argumentation, highlights their importance in legal practice and the decision-making process, as well as the importance of logical arguments for ensuring the consistency and predictability of law enforcement decisions, which contributes to citizens' trust in the legal system. The argumentative potential of forms of thinking is assessed: concepts, judgments, inferences. The importance of the laws of logic for ensuring the effectiveness of legal argumentation is emphasized. Particular attention is paid to the law of sufficient reason, its key role in the trial process. Sufficiency of arguments is considered as a quality indicator that allows the judge to reasonably resolve cases based on factual, legal and logical grounds. It is noted that convincing legal argumentation contributes to legal certainty and predictability, providing an understanding of the rights and obligations of the parties to the process. The importance of sufficient arguments for the fairness of law enforcement is also emphasized. In the context of modern theories of argumentation, the issue of the relationship between rhetorical, psychological and logical means is raised, as well as the importance of adhering to the principles of formal logic to ensure persuasiveness and legality. Rational grounds for argumentation must appeal to the mind of the audience and serve as a means of achieving a legal result, confirming that successful legal argumentation requires an integrative approach that takes into account both logical and emotional components.
Authors
- Yulia D. Parunova
Publication Details
- Journal
- IZVESTIYA VUZOV SEVERO-KAVKAZSKII REGION SOCIAL SCIENCE
- Published
- 2025-06-24
- DOI
- https://doi.org/10.18522/2687-0770-2025-2-35-40
- Primary Topic
- Legal Language and Interpretation
- Type
- article
- Field-Weighted Citation Impact
- 0.00