Argumentación jurídica
Argumentación jurídica
1 marzo 2011
Sección: Libros

Víctor Manuel Rojas Amandi

Oxford University Press, México, 2010

La argumentación jurídica analiza el proceder práctico de los juristas, las herramientas y las reglas para argumentar en el contexto de la toma de decisiones, las valoraciones, las pretensiones y las defensas de los diversos actores jurídicos, y las formas de razonamiento con que justifican racionalmente sus puntos de vista. Así, para garantizar la racionalidad jurídica de los argumentos contamos con la teoría de la argumentación jurídica.

Durante los últimos años las teorías de la argumentación jurídica han ocupado un lugar fundamental en las investigaciones de la filosofía del Derecho, debido a que las técnicas y los métodos del razonamiento jurídico —tema esencial de la argumentación jurídica— se han erigido en el método mismo de la filosofía del Derecho, antes que en su objeto.

En esta obra, el autor acude directamente a las fuentes —como la doctrina alemana: Alex, Luhmann, Habermas, Viehweg—, que conoce de primera mano, para abordar materias afines a la argumentación, entre ellas la retórica, la lógica, la dialéctica y la hermenéutica. Estas disciplinas permiten valorar los diferentes tipos de argumentos con el fin de tomarlos como base para analizar temas de mayor complejidad: el silogismo jurídico, la interpretación de los textos, la jurisprudencia en el Derecho mexicano, los principios generales del Derecho, las formas de los argumentos especiales, etcétera.

La obra proporciona herramientas que no sólo resultan accesibles a los estudiantes de la licenciatura en Derecho que por vez primera tienen contacto con la argumentación jurídica, sino que también aportan elementos de expresión y análisis útiles para comprender los procesos de reforma del ámbito procesal penal, en el contexto de la evolución de los juicios tradicionales hacia los juicios orales en nuestro país.

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