Abstract

AMAYA, Amalia. Virtues, Legal Argumentation, and Judicial Ethics. Diánoia [online]. 2011, vol.56, n.67, pp.135-142. ISSN 0185-2450.

According to Manuel Atienza, a theory of legal reasoning should give an answer to the following three questions: how to analyze an argumentation, how to evaluate it, and how to argue. This conception of the theory of legal reasoning is, however, too restrictive. in addition to providing a sound answer to these questions, a theory of legal reasoning should also give us an answer to the question of which judicial virtues are necessary to make good arguments. A theory of legal reasoning is thus intimately linked to a theory of judicial ethics.

Keywords : balancing; specificationism; practical wisdom.