Argumentation Techniques in Law

Extract

[...] Let's take an example in a legal reasoning: France not having been built in a day, it took a lot of time to build the French Parliament. The analogy resides between France in general, including its institutions, and the Parliament, which is a particular institution. This analogy allows to bring to the forefront an argument: the slowness of a mutation within a society. Thus, legal argumentation can use analogy as a tool to bring to the forefront a concept by relying on a more general concept. 6. [...]

[...] Thus, according to the definition we pose of the child - here the age - all the legal qualification of the individual and, by consequence, the legal argumentation and the legal regime proper to the child follow. 3. From a freely chosen example, explain the difficulties inherent to the literal argument. The literal argument, which is a 'argument à la lettre » of a word or a text. In the context of a legal framework, the literal argument is the strict following of the legislation, following the legislator's will. If this type of understanding of a text may be considered legitimate, it may, however, encounter limits in a more generalized context, particularly in the long term. [...]

[...] This adage shows that one can find oneself in an undesirable situation while having a good intention. For example, this is the case when one causes a car accident that injures individuals: although the accident is not the result of a bad intention and is accidental, the consequences are present and the regime of responsibilities applies. Therefore, consequentialist arguments cannot be applied within our argument, as it would be unfair to the victims of this caused accident and therefore not possible within a legal framework. [...]

[...] Therefore, he can hardly have a power of nomination on a position that is not civil or military (let's imagine a high-ranking international official of the UN for example). Thus, this list carried to article 13 is limiting because it limits the powers of the President. If article 13 provided that the President of the Republic had a power of nomination on jobs, notably the civil and military positions: then we could have judged that he could also nommer d'autres individus sous un autre statut." Thus, the difference in scope between enumerative and enumerative lists is inscribed in a difference in the powers attributed. [...]

[...] Argumentation and Legal Reasoning 1. From a freely chosen example, explain the problem of the completeness of theories and their role in argumentation The completeness of theories accounts for the fact that law is not created ex nihilo. From then on, an argument, and particularly a legal argument, is inscribed in an established legal paradigm. For example, when one mentions a decree signed in the Council of State, this type of decree is inscribed in a more general framework: that of the hierarchy of norms: it must not disregard a legislative provision that itself must not disregard a conventional provision that itself must not disregard a constitutional provision. [...]