Arguing is, without a doubt, one of the skills (if not the most important) that every good lawyer must know how to develop and lead to the life of forensic practice, which is why we must be sufficiently prepared to be able to carry out The affairs under our sponsorship are successful.
Concept of Legal Argumentation
We have to understand by legal argumentation the set of legal reasonings that serve to demonstrate, justify, persuade or refute any proposition that is aimed at obtaining a favorable result in favor of the litigant and his client or for the resolution of a controversial case by the judge or court of a certain cause.
Types of legal argumentation
It will be necessary to first distinguish between the argumentation carried out by the judges and that which is characteristic of the trial lawyers, thus we have:
- Argumentation by the Judge:
This argumentation is carried out by the judge or court (depending on the case and the instance) that knows the case in a certain matter, its significance translates into the resolution that said court or judge takes.
- Argumentation by trial lawyer:
This type of argumentation is the one that the lawyer of the case developed before a judge or court that is knowing about it, for this the lawyer will have to use his skills as a good speaker, as well as his linguistic tools to obtain a resolution or favorable judgment.
Importance and usefulness of legal argumentation within legal forensic practice
Legal argumentation is one of the most important pillars within legal forensic practice because without it it would not be logical and much less possible to carry out an adequate defense by the jurists and issue an adequate sentence by the judges..
It is undoubtedly fundamental that both the study and the application of argumentation within legal practice is aimed at constant improvement by all those who are immersed in the legal field as operators of law and that it is also always based on both logic, as in a good rhetoric that will already have to demonstrate and define who is who in the judicial contest.
BIBLIOGRAPHY:
- Cárdenas, Gracia, Jaime, "Argumentation as Law " series Legal Doctrine, no. 210, Mexico, UNAM, IIJ, Second reprint, 2007. Iturralde Sesma, Victoria, "Application of the Law and justification of the Judicial decision" Valencia, 2004. Grandson, Alejandro, "The Judicial arbitration", Madrid, Ariel, Law, 2000.Perelman, Ch, "Legal logic and the new rhetoric ", translation by Luis Diez Picazo, Madrid, Editorial Civitas, 1988.
