The role of legal argumentation in drafting normative acts – analysis of argumentation techniques

Abstract

Legal argumentation is a fundamental process in the interpretation and application of legal norms, playing a crucial role in ensuring clarity, coherence, and fairness within the legal system. By employing specific methods such as logical, systemic, teleological, or comparative argumentation, legal professionals can justify decisions and proposed solutions in a rational and convincing manner. In legal practice, proper argumentation contributes to a better understanding of legal norms, preventing arbitrary application. Moreover, it allows the adaptation of law to the ever-changing social and economic realities, thereby maintaining a balance between legislative stability and evolution. Well-founded argumentation is essential not only in the legislative process but also in judicial activity, where decisions must be thoroughly reasoned to uphold the principles of the rule of law. In this context, legal argumentation becomes an indispensable tool for resolving conflicts and strengthening public trust in the justice system.