Law and Legal Argumentation: Summary of the Debate Contemplated by Legal Theory

Authors

  • Fausto Santos de Morais

DOI:

https://doi.org/10.21207/1983.4225.160

Keywords:

Argumentação jurídica. Hermenêutica jurídica. Positivismo jurídico.

Abstract

This work intends to present a brief study of how one conceives legal argumentation in different theoretical contexts. That is because, as presented, legal positivism was founded in a complete legal model, whose arguments were limited to the indication of the existence of the legislative forecast. Though, the situation has been modified as the limitation of the positive law was recognized as complete. In this moment, the argument s started to indicate the incongruities of the system, their gaps and injustices. Still, before the discussion between law and moral, reinstated by the new constitutionalist doctrine, argumentation has become a conductive instrument of moral to law. Keywords: Legal Argumentation, Legal Hermeneutic, Positivism

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Published

2012-03-11

Issue

Section

Artigos