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INTERDYSCYPLINARY DIMENSION OF CHAIM PERELMANN’S THEORY OF ARGUMENTATION
Abstract
RESEARCH OBJECTIVE: The aim of the article is to present a conception that was developed for the purposes of legal reasoning. However, basing it on assumptions that go beyond the scope of the law means that it could be taken into account more widely.
THE RESEARCH PROBLEM AND METHODS: The research thesis is the statement that Chaim Perelman developed a conception intended for the purposes of legal argumentation and emphasized its importance in judicial reasoning. However, the theory of argumentation is a theory that goes beyond the discipline of law and should be recognized in other disciplines, at least in the broad field of social sciences. The research method adopted in the article is conceptual analysis combined with the analysis of the text.
THE PROCESS OF ARGUMENTATION: The article presents the main assumptions of the discussed conception. Secondly, an interdisciplinary look at the characteristics of the conception will be presented in order to show its versatility.
RESEARCH RESULTS: The main assumptions of Perelman’s conception, developed for the puposes of legal discourse, also turn out to be valuable for the other scientific social disciplines. This conception is decision-oriented. In a modern state, not only judges in courts but also officials and other decision-makers decide. The proces of fair argumentation discussed by Perelman also deserves the interest of decision-makers and other participants in disputes who are not lawyers.
CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: All participants in disputes should be subject to the requirement of impatiality and procedural fairness. Therefore, Chaim Perelman’s theory of argumentation still deserves attention.
Keywords
theory of argumentation, new rhetoric, settlement of disputes, auditorium
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