The contribution of Chaïm Perelman's theory of argumentation to the formation of fair judicial decisions

Abstract

In reason of the current pragmatic legal culture focused on judicial decision as polo realization of justice, value entered in the legal systems before the Neoconstitutionalism the phenomenon, the legal argument has appeared increasingly relevant. In this mode, Chaïm Perelman, the one that breaks with the paradigm for the formulation of a Theory of Argumentation and the philosopher-lawyer first to try to unravel the problems of the relationship between the arguments and the judicial process, this paper seeks to elucidate the legacy scientific contributions by him.