Legal argumentation and regulatory efficiency: towards a comprehensive system for operation of the law

Abstract

Based on the integrativist jus-philosophical paradigm, the law can be characterized as a complex and systemic phenomenon. It can be studied from a variety of perspectives that complement one another. Accordingly, it is important to recognize that the legal phenomenon has a static perspective and another that is dynamic, and a structural and functional dimension. It also is possible to take a causalist approach, combined with one that is finalist in nature, without undermining the coherence of the research. This study looks at the question of legal argumentation by considering precisely this interpretative diversity. It examines argumentation as a three-dimensional progressive activity, a productive discursive task that is sustainable by way of discursive and effective practice, sustaining by way of reasonable discourse, and substantiating by way of justification in the legal field.