Dogmatic arguments and law application
DOI:
https://doi.org/10.17533/udea.esde.2547Keywords:
law theory of the argumentation, dogmatic arguments, law arguments, law normative dogmatic, law descriptive dogmatic, Kelsen´s model of law science, Robert Alexy´s theory of the law argumentationAbstract
In the following paper the author proposes the identification of the so–called “dogmatic arguments” assuch kind of arguments characterized by its pertinence to certain speech, workable as a science of law legal language. The author analyzes two ways to understand the descriptive and normative legal dogmatic, and to show the consequences of the previous identification. Furthermore, the author studies the fashion in such argument classification can be implemented in a theory of legal language and legal argumentation, in order to make a critical evaluation of the comprehensive aspiration to understand such kind of rules as a universal ones, while they are specific and contingent national products. The author concludes with a reflection about some specific features of the Colombian legal theories as a starting point for the analysis of dogmatic arguments within a specific argumentation theory that answers to a certain national environment.
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