Argumentajuris - Studies on legal argumentation

Objectives, methodology, philosophical perspective, and subject matter of the book “Legal Reasoning and Legal Theory”

Oct 31, 2026

1. Introduction

In this post, I examine chapter I of the book “Legal Reasoning and Legal Theory” by Neil MacCormick (1978, p. 1-18). This chapter presents the objectives, methodology, philosophical perspective, and subject matter of the book.

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Plan for a study of Neil MacCormick’s theory of legal argumentation

Oct 4, 2026

According to Manuel Atienza (2013, p. 31), Neil MacCormick is one of the representatives of the standard theory of legal argumentation.

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Rule for using special legal argument forms

Sep 30, 2026

Introduction

This post analyzes a rule for using special legal argument forms formulated by Robert Alexy.

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Argumentative rules for the use of precedents in judicial decisions

Sep 3, 2026

Introduction

In this post, I analyze the argumentative rules for the use of precedents in judicial decisions from Robert Alexy’s point of view.

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Rules for the use of arguments provided by the science of law in judicial decisions

Aug 30, 2026

Introduction

This post deals with the rules formulated by Robert Alexy for the use of arguments provided by legal studies in judicial decisions.

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Argumentative rules with regard to the interpretation of legal norms in judicial decisions

Aug 23, 2026

Introduction

This post covers the argumentative rules that regulate the forms of interpretative arguments according to Robert Alexy.

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Forms of external justification using systematic arguments in the strict sense in judicial decisions

Jul 27, 2026

Introduction

The theme of this post is the forms of systematic arguments in the strict sense in judicial decisions in Robert Alexy’s view. These forms concern the logical relationships between legal norms.

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Forms of external justification using teleological arguments in judicial decisions

Jul 13, 2026

Introduction

This post deals with the forms of teleological arguments in judicial decisions according to Robert Alexy. These forms refer to arguments used to support that a norm should be interpreted in a certain way due to its objective purposes.

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Forms of external justification using comparative arguments in judicial decisions

Jul 5, 2026

Introduction

In this post, I analyze the forms of comparative arguments in judicial decisions from Robert Alexy’s perspective (1989, p. 239-240). Such forms adopt as a reference the state of affairs in one society to argue that an interpretation of a norm should or should not be accepted in another society.

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Forms of external justification using historical arguments in judicial decisions

Jun 20, 2026

Introduction

This post examines the forms of historical arguments in judicial decisions according to Robert Alexy (1989, p. 239). These forms use historical learning to argue that an interpretation of a norm should or should not be accepted.

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