Юридична аргументація: доктринальне розуміння та методологічний потенціал

Abstract

The purpose of the scientific article is to summarize and develop theoretical and methodological knowledge about the nature, nature and methodological potential of legal argumentation. The methodological basis of scientific search is a set of ideological, philosophical and scientific bases, principles of scientific knowledge, methodological approaches, general methods of thinking, philosophical, general and specific scientific methods, the use of which provided the validity and reliability of the results of the study of legal argumentation. The scientific novelty of the publication is that, for the first time, it is proposed to use the methodological tools of legal argumentation in the development of the theory of legal reform; improved substantive and specific characteristics of legal argumentation with the wording of the author's definition of the latter; further developed scientific ideas about the genesis of the theory of legal argumentation and its perspectives in domestic jurisprudence. The conclusions of the scientific article are as follows: legal argumentation arose at a certain historical stage in the development of general theory of argumentation. It is constantly evolving, substantially enriching and evolving during legal activities (practical, scientific and educational). Legal argumentation helps to find the most effective way to resolve disputed situations in legal activity, while at the same time fulfilling the function of preserving and disseminating legal experience and traditions. The notion of legal argumentation is a generic category that integrally reflects the obligatory – rather central, systemic – professional component of legal activity. Legal argumentation is defined as the process and result of substantiating the truthfulness (correctness) of the facts and/or belief in the admissibility of a set of arguments regarding a legally significant issue arising in the course of legal activity. Keywords: argumentation; legal argumentation; theory of legal argumentation; models of legal argumentation; types of legal argumentation; methodological potential of legal argumentation; legal reform.