Legal argumentation: some general theoretical aspects
The relevance of the study is explained by the fact that the legal arguments used by judges in particular when making decisions are often criticised. The general theoretical understanding of legal argumentation, which is the purpose of this study.
Подобные документы
Study of the influence of anthropological teachings on the development and formation of legal certainty as a legal phenomenon in a comparative historical context. An approach to understanding the principle of legal certainty as a general theoretical one.
статья, добавлен 25.07.2021The main problems that arise during the logical analysis of argumentation in legal discourse. Possible steps in overcoming the investigated problems. The essence of the logical analysis of legal argumentation, the used methods, techniques, means.
статья, добавлен 05.12.2022The study of regulatory phenomena was conducted in three aspects: theoretical, legal, and in the aspect of practical implementation. The study identified types of restrictions that are used in Ukraine to maintain a stable situation during the pandemic.
статья, добавлен 15.07.2022Conducting a general study of the modern dimension of the right to public associations. It is proven that from the point of view of general theoretical jurisprudence, the right to public association is a form of implementation of representative democracy.
статья, добавлен 07.05.2023Clarification of the content of norms and principles of law. Identification of the nature and characteristic features of legal interpretation activity. Technical and legal analysis of the main problems of argumentation and interpretation of advisory acts.
статья, добавлен 23.12.2022The purpose of the study is to establish a system of legal means to ensure the unity ofjudicial practice. The methodological basis of the study was based on general and special methods, namely: dialectical, systematic, formal-legal and logical methods.
статья, добавлен 14.07.2022Analysis of the dichotomy of complex and easy cases in the theory of law. Consideration of the circumstances related to the adoption of decisions by the courts in such cases, study of the factors that influence judges when making decisions on them.
статья, добавлен 08.05.2022Research of the general theoretical features of the legal status of internally displaced persons in Ukraine during the war as in the most acute period of socio-legal anomie, when all citizens of the state are negatively affected by military actions.
статья, добавлен 06.08.2023Studies of legal activity stimulate methodological innovations that bring closer the disclosure of the theoretical concept and ethical-legal transit. They are relevant to understanding the evolution and regime of interaction between power and society.
статья, добавлен 03.09.2024General permissive basis of interaction between the individual. "Everything is allowed, except" as a model of direct embodiment of the general permit design. Legal obligations as a means of objectification of the general permit type of legal regulation.
статья, добавлен 26.07.2022Legal conclusions of the Supreme Court as an element of the principle of legality in decision-making by subjects of power. Theoretical and practical aspects of the development and formation of the institute of legal opinions of the security court.
статья, добавлен 24.08.2023Studies of professional legal activity stimulate methodological innovations that bring closer the disclosure ethical-legal democratic transit. The social purpose of legal activity recognized as a condition for the rational organization of legal relations.
статья, добавлен 19.09.2024The regulation of relations arising in the field of sport, which are diverse in their content. Specifics of regulation of legal relations in the field of sport by studying the aspect of sambo within the framework of the theoretical and legal approach.
статья, добавлен 20.07.2024Philosophical-legal and general theoretical analysis of the nature and varieties of multiculturalism through the prism of the worldview dichotomy of liberalism and communitarianism. The focus of communitarianism on the protection of minority rights.
статья, добавлен 27.06.2022The study of the problem of the spread of terrorism in the modern world, its concept and main features. Socio-political consequences of this phenomenon. Analysis of the legal framework for international regulation of the problem of combating terrorism.
статья, добавлен 20.07.2018The devoted to the theoretical and legal study of the role and place of the pension system in the mechanism of the social state on the example. Based on the analysis of legislation, doctrinal positions and practice of the Constitutional Court of Ukraine.
статья, добавлен 24.06.2024Study of archival materials of the UN General Assembly in the context of the formation of international legal standards. Definition the conceptual approaches to understanding the processes of developing juridical norms in the economic and social field.
статья, добавлен 18.09.2024Elucidation of one of the actual theoretical and practical problems of the science of international law - the question of determining the legal nature of the legal status of stateless persons. Understanding the legal and social status of foreigners.
статья, добавлен 20.07.2024Clarification of the approach of theoretical and methodological understanding of migration processes and improvement of administrative and legal regulation. Understanding the essence of migration processes on the basis of administrative and legal science.
статья, добавлен 20.07.2024Analysis of the concept of research methodology was carried out, both in the general legal sense, and in the study of the administrative and legal bases of the activity of public associations, and research methods of the specified issue were established.
статья, добавлен 15.04.2023The nature of legal doctrine, its features, content and the role in legal practice. The problem of determination of the legal doctrine role, significance in the development of Ukrainian law. The need to establish, change legal rules, institutions of law.
статья, добавлен 14.10.2018Study of the system of legal means to ensure the unity of judicial practice. Overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. Methodological remarks on the unity of judicial practise.
статья, добавлен 07.09.2021Determining the content of human rights. The theoretical approaches to the definition of the terms "legal awareness" and "legal culture" in the context of legal awareness of persons on weapons. Factors that influence the culture of handling weapons.
статья, добавлен 28.07.2022- 24. Legal facts in municipal law: problems of definition and characterization of the essential features
The problem of allocation of essential features and determines the facts of the legal definition in municipal law. The analysis of existing legislation and existing research and theoretical perspectives of scientists in the general theory of law.
статья, добавлен 08.02.2019 Investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms.
статья, добавлен 02.09.2021