Decisión judicial y Ethos

Abstract

The modern theory of argumentation belongs to an intellectual movement which vindicates practical reason and tries to establish the limits of scientific reason. However the subject of rational argumentation has been usually stated by studying the forms of persuasive discourse. This formal approach misses the concern about truth, and in the case of legal argumentation, the concern about justice. In this sense, it is necessary to reassess the argumentation problem in a way that includes both the dimension of truth and the role of the one who is carrying an argument. From the point of view of the law, this means to regain the question about what is just and the awareness of the importance played by the character of the person which is justifying an interpretation. Specially, it must be taken into account the paradigmatic status of adjudication.