SciELO - Scientific Electronic Library Online

 
vol.56 issue67Virtues, Legal Argumentation, and Judicial EthicsHow to Justify Veritism author indexsubject indexsearch form
Home Pagealphabetic serial listing  

Services on Demand

Journal

Article

Indicators

Related links

  • Have no similar articlesSimilars in SciELO

Share


Diánoia

Print version ISSN 0185-2450

Abstract

CRUZ PARCERO, Juan Antonio. Answer to "How to Evaluate Judicial Reasoning" by Manuel Atienza. Diánoia [online]. 2011, vol.56, n.67, pp.143-153. ISSN 0185-2450.

In this paper the author examines Manuel Atienza's ideas on how to evaluate judicial argumentation. One of the highlights of his work is the assertion that in every area of the law the marking criteria are different. The critique of this paper focuses on denying that the criteria used for the judiciary are different from the criteria governing lawyers' arguments. While the arguments of lawyers seek persuasion to succeed, they need to fulfill the standards used by judges to evaluate them. The distinction apparently does hold in relation to the legislative's argumentation because in this area arguments do not depend on the views or criteria of the judges insofar as the legislator himself is an authority, in his own sphere, in matters of interpretation of laws and the constitution.

Keywords : legal argumentation; marking criteria; persuasion; evaluation of arguments; judicial decision.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License