THE REQUIREMENT OF JUSTIFICATION BY DEDUCTION IN THE CONSTRUCTION OF THE “RATIO DECIDENDI” OF EASY CASES FROM THE PERSPECTIVE OF NEIL MACCORMICK´S THEORY: AN ANALYSIS OF THE RESP 1.745.333/RS
DOI:
https://doi.org/10.5902/1981369439522Keywords:
hermeneutics, justification by deduction, Neil MacCormick, ratio decidendi.Abstract
The objective of this article is to analyze Special Appeal no. 1,745,333/RS on the basis of the argumentation justified exclusively by the deduction. Neil MacCormick proposes an integrative theory to argue by justification the legal decisions, in this sense he presents a method for easy and difficult cases. The present article is based on the method he defends to justify easy cases. Thus, to construct this article the hypothetical-deductive method is used, by means of bibliographic and documental analysis, thus it has a qualitative approach, of the basic and exploratory type. Initially, the theoretical assumptions of this approach are exposed, such as Aristotelian syllogism. Then, Neil MacCormick's justification for the deduction is presented, in order to analyze the aforementioned judgment. At the end, the assumptions and limits of this theory are presented. From this analysis, it was possible to reach the conclusion that justification by deduction is possible, but only in easy cases, which confirms MacCormick's theory.
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