IS ARGUMENTATION NECESSARY? REFLECTIONS ON MANUEL ATIENZA’S LEGAL ARGUMENTATION AND THEORY

Abstract

This article questions the role of legal argumentation and the importance of its theories to the legal system. It departs from the idea that juridical activity consists, essentially, of argumentation. Such a questioning emerged in the legal world little more than one century ago, resulting from an increasing shift from positivist juridical systems to the so-called constitutionalist or post-positivist orientation. Judges, lawyers and legislators are called to match their decisions with reality and social values. Manuel Atienza perfectly fits in this perspective due to his innovating way of evaluating juridical argumentation, its content, logic and rhetoric as well. Key words: Juridical Argumentation. Constitutional State. Argumentation Theories.