LEGAL ARGUMENT: SOME CONTEXTS OF APPLICATION

Abstract

The thematic of the juridical argument admits multiple perspectives. In this work we will pay special attention to the communication type that is developed in one in the ways of resolution of conflicts, like it is the mediation, differentiating it of the communication typology that is continued in a judicial process. We leave of some initial considerations about the necessity and convenience of the juridical interpretation. We depart from a few initial considerations on the need and expediency of the juridical interpretation. The agreements and disagreements as for the meaning of having enunciated juridical and juridical norms are frequent in the Right. Each one of the diverse average iusphilosophical offers a solution. The diverse juridical operators (lawyers, Public Ministry, judges) they should argue legally. We will finish analyzing the juridical argumentation and the communication action in the judicial process and in the mediation.