Topic, argumentation and dogmatically organized Law

Authors

  • João Maurício Leitão Adeodato Faculdade de Direito de Vitória

DOI:

https://doi.org/10.4013/rechtd.2018.102.04

Abstract

The article aims to clarify the origins of the theory of argumentation and to demonstrate that one cannot speak of a “correct” and a “mistaken” sense of the expression, since the concept varies greatly throughout its history. In this direction, it discusses its original relationship with the concept of topic, whose Aristotelian sense is by no means unique, and, in addition to having an older history, extends to contemporary juridical argumentation. It concludes with examples of some of the most significant arguments for the area of law.

Keywords: argumentation, topic and jurisprudence, syllogism.

Author Biography

João Maurício Leitão Adeodato, Faculdade de Direito de Vitória

Professor da Faculdade de Direito de Vitória e da Faculdade Damas, Ex-Professor Titular da Faculdade de Direito do Recife, Livre-Docente da Faculdade de Direito da Universidade de São Paulo e Pesquisador 1-A do CNPq. Currículo completo em: http://lattes.cnpq.br/8269423647045727

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Published

2018-10-31

Issue

Vol. 10 No. 2 (2018): May/August

Section

Articles

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