Zahudaieva O. Logical aspect of legal argumentation modeling

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000629

Applicant for

Specialization

  • 09.00.06 - Логіка

18-02-2019

Specialized Academic Board

Д 26.001.27

Taras Shevchenko National University of Kyiv

Essay

The thesis is dedicated to the analysis of the features of legal argumentation modeling regarding its logical aspect. The work outlines the features of existing approaches to the modeling of legal argumentation. The author advocates that the concept of «model» in the field of legal argumentation can be used in the following meanings: in the broad sense, as a classification unit of legal argumentation – the type of argumentation or approach to the modeling argumentation in law; in the narrow sense, as a theoretical construct of argument in the legal context within frameworks of a certain approach to the modeling of legal argumentation. The thesis determines the common features of the dialogical approach models to the modeling of legal argumentation and the models of persuasive dialogues (H. Prakken, G. Sartor, D. Walton), as well as the differences that have the models of dialogical approach, which are determined by the specificity of legal argument. The author defines the specific features of the argumentation models in the procedural theories and the theories of the justification of legal decisions based on their logical component.

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