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.
Forms of systematic arguments in the strict sense
The logical relationships between norms include contradictions and implications. But Alexy does not elaborate forms of arguments related to implications between norms. With regard to contradictions, he states that the most important form of systematic argument in the strict sense has the following structure (Alexy, 1989, p. 240):
1) A norm R is considered valid;
2) An interpretation of a norm S contradicts R;
3) Therefore, this interpretation must be abandoned.
Conclusion
Systematic arguments in the strict sense are related to contradictions and implications between norms. However, Alexy does not develop the forms of arguments related to the latter type.
Bibliographic references
ALEXY, Robert. A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification. Translated by Ruth Adler and Neil MacCormick. 1st ed. New York: Oxford University Press, 1989.