Shcherbyna O. Logical analysis of legal argumentation

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000466

Applicant for

Specialization

  • 09.00.06 - Логіка

23-06-2014

Specialized Academic Board

Д 26.001.27

Taras Shevchenko National University of Kyiv

Essay

The thesis provides a logical analysis of legal argumentation, based on the distinguishing within it the analytical and hermeneutical aspects. For the first time in Ukraine within the logical-legal research conducted logical analysis of the phenomenon silence in legal argumentation to determine its specificity. Proved that silence in the domain of legal argumentation can be represented both as a tool of manipulation in dispute, and as an argument on the merits. The phenomenon of silence due to the problem of determining the lies and deception in legal argumentation is considered. Using logical-cognitive approach, we present cognitive schemes of varieties of deception in legal argumentation. A clarification of the definition of deception as a legal term is suggested.

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