Analysis of argumentation techniques in the interpretation and application of legal norms

Legal argumentation is a fundamental process in the interpretation and application of legal norms, playing a crucial role in ensuring clarity, coherence, and fairness within the legal system. By employing specific methods such as logical, systemic, teleological, or comparative argumentation, legal professionals can justify decisions and proposed solutions in a rational and convincing manner. In legal practice, proper argumentation contributes to a better understanding of legal norms, preventing their arbitrary application. Moreover, it allows the adaptation of law to the ever-changing social and economic realities, thereby maintaining a balance between legislative stability and evolution. Well-founded argumentation is essential not only in the legislative process but also in judicial activity, where decisions must be thoroughly reasoned to uphold the principles of the rule of law. In this context, legal argumentation becomes an indispensable tool for resolving conflicts and strengthening public trust in the justice system.

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Publication Details

Published
2025-05-01
DOI
https://doi.org/10.54481/pcss2025.34
Primary Topic
European and International Law Studies
Type
article
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article

Analysis of argumentation techniques in the interpretation and application of legal norms

Marina Verdeș
European and International Law Studies
article

Analysis of argumentation techniques in the interpretation and application of legal norms

Marina Verdeș
article en

Abstract

Legal argumentation is a fundamental process in the interpretation and application of legal norms, playing a crucial role in ensuring clarity, coherence, and fairness within the legal system. By employing specific methods such as logical, systemic, teleological, or comparative argumentation, legal professionals can justify decisions and proposed solutions in a rational and convincing manner. In legal practice, proper argumentation contributes to a better understanding of legal norms, preventing their arbitrary application. Moreover, it allows the adaptation of law to the ever-changing social and economic realities, thereby maintaining a balance between legislative stability and evolution. Well-founded argumentation is essential not only in the legislative process but also in judicial activity, where decisions must be thoroughly reasoned to uphold the principles of the rule of law. In this context, legal argumentation becomes an indispensable tool for resolving conflicts and strengthening public trust in the justice system.

Openalex Percentile: Top 67%
European and International Law Studies
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