Subsumtpion in the Thoery of the Case

Abstract

This article reviews the tools of legal argumentation, specifically the analysis of the usefulness of subsumption as it is applied in the theory of the case. The narrative that is presented to the judge must be a version of the events that is consistent with verifiable facts and with the legal permissions and/or prohibitions, all of which are convenient to the interests of the lawyer and, at the same time, suitable to be accepted by the judge as legally reasonable. The legal argumentation and, in particular, the appropriate use of subsumption, will both help the case exposed by the theory of the case in order to appear as subsumable under the relevant valid norms, congruent with current values and suitable to justify the proposed decisions. Likewise, the result of the reasoning contained in the theory of the case will be capable of producing conviction due to its logic, coherence and consistency. Thus, the objective to be achieved with the proper use of subsumption in the construction of the theory of the case will be higher order and clarity in the narrative.