EXPERTISE STYLE AS LEGAL ARGUMENTATION

The article under studies deals with the issue of relationship between the expertise style as juridical methodology generated by relational technique and the theory of legal argumentation represented by R. Alexy’s theory of legal discourse. The purpose of the article is to outline the special case thesis, in particular, as a statement that the expertise style is a special case of legal argumentation. In order to achieve this goal, it is essential to turn to the following three issues: 1. what is R. Alexy’s special case thesis; 2. what is the theory of the expertise argumentation; 3. in which way does the expertise style appear as a special case of legal argumentation. In terms of the first issue, the article claims that R. Alexy’s special case thesis as a statement about legal discourse being a special case of general practical discourse may similarly be applied to the statement that the expertise style is a special case of (general) legal argumentation. At the same time, the expertise style is not denied to be a special case of relational technique. In terms of the second issue, the concepts relational technique and / or the expertise style are broadened to the notion of the expertise argumentation. Consequently, the special case thesis may be articulated mutatis mutandis as a statement that the expertise argumentation is a special case of legal argumentation. In terms of the third issue, the article reveals that the supplemented theoretical basis of norms of R. Alexy’s theory oflegal discourse, as well as offered by J. Wróblewski division into inner and outer justification make it possible to develop a original theory of legal argumentation. Such a theory is a special case of the theory of legal argumentation. In addition, the article contains a reference to E. Ehrlich's idea of norms for decisions. In conclusion, the article emphasizes that the expertise style should be viewed not only as a special case of relational technique, but also as a special case of legal argumentation (legal discourse).