Rethoric and Legal Rationality.
Retórica y racionalidad jurídica.
| 2016 | |
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argumentación derecho filosofía racionalismo razonamiento (derecho) argumentation law philosophy rationalism reasoning (law) |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/818
https://hdl.handle.net/10895/4075 |
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| Acceso abierto |
| Sumario: | Abstract. This article molds the concept of rhetorical rationality as the sine qua non condition of law. It is from the above statement that stems the fact that the construction of legal rationality in the creation of law, the application of law and the construction of legal knowledge is only possible through argumentation, that is to say, from the rhetorical practices understood as language actions (the speaker’s discourse) over language (the legal discourse). The legal discourse is self-referential, therefore, the construction of its rationality is an exercise in persuasion from the rhetorical techniques (narrating, describing, explaining and arguing) so as to demonstrate, persuade and seduce the tribunal as regards the efficacy of its hypotheses, criteria and taxonomies in order to solve the case in debate. |
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