Applicability of logical reasoning-argumentative proposal for Manuel Atienza

Abstract

It is undisputed in the practice of law that the use of technical argument is a fundamental requirement for the effective contribution of this practice to society. The ability to elaborate and use arguments skillfully is becoming increasingly rare, resulting in a perspective of insecurity in the legal system.  The objective of this paper is to demonstrate the applicability of logical and argumentative reasoning to the practice of law exposing the vices commonly found and revealing plausible and logically valid behaviors that should be considered in the process of building a legal argument. The theory of legal reasoning has several practical functions, the most important of which is the construction of skilful legal systems, capable of responding to contemporary needs. To make this happen we must make use of this theoretical study, over the exacerbated study of legal norms. The mastery of the theory of legal reasoning in the present scenario becomes even more necessary, for it ensures the lawyer a broader reasoning and a more realistic perspective, thus allowing him to organize his ideas as a true jurist and to establish some congruence between political and moral conceptions and the ideologies of modern law.