The Argumentation Based on Principles and Rules

Abstract

This article addresses the problem of a certain conception of Law related to the sources of Legal Sciences and the way in which these have been interpreted in diverse ways, such as the conception of legal principles. In the same manner, we examine the way in which these principles are used from different conceptions in order to motivate jurisdictional decisions. To understand this point, we analyze argumentation as a discursive activity that seeks to convince and provide reasons to the listener, but in legal area, this can be nuanced by the principles and rules but never separated, since Legal Sciences and argumentation are dependent activities, which can be inclined to the positivist school that is limited by its own discursive rules.