Retórica y racionalidad jurídica.
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 possib...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2010
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6119804 |
| Source: | Revista de Derecho: Publicación de la Facultad de Derecho de la Universidad Católica de Uruguay, ISSN 1510-3714, Nº. 5, 2010 (Ejemplar dedicado a: Revista de Derecho), pags. 143-169 |
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| Summary: |
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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