THE IMPORTANCE OF RHETORIC AND TOPIC REASONING FOR A BETTER COMPREHENSION OF THE DYNAMIC OF LEGAL ARGUMENTATION IN CONTEMPORARY TIMES/A IMPORTANCIA DO RACIOCINIO RETORICO-TOPICO PARA UMA MELHOR COMPREENSAO DA DINAMICA DA ARGUMENTACAO JURIDICA NA CONTEMPORANEIDADE

• Published in: Quaestio iuris Vol. 9; no. 1; p. 244
• Main Authors: Krell, Andreas Joachim, Krell, Olga Jubert Gouveia
• Format: Journal Article
• Language: Spanish
• Published: Universidade do Estado do Rio de Janeiro- Uerj 01.02.2016
• ISSN: 1516-0351; 1516-0351
• DOI: 10.12957/rqi.2016.18744

The article intends to investigate the origin and importance of rhetorical-topical reasoning, which can lead to a better comprehension of the processes of creation of legal decisions today. Through the study of rhetorics, that deals with the ways how a speech may persuade an audience about a particular subject, and topics, which aims to solve problems with the help of arguments supported by common sense or the opinion of authorities, it is possible to overcome the idea of the legal decision as a result of deductive reasoning by subsumption of facts to general standards. From Aristotle we get to the current meaning of rhetorics and topics, on the basis of authors like Viehweg, Perelman, Ballweg, Schlieffen, Kriele. Wieacker and Adeodato. Thus, it is intended to arouse interest to carry out further studies on the subject, in order to create a more reflective and critical self-image of the jurists on their work. A thinking inspired in rhetorics and topics also helps for better understanding of the legal decisions produced by the organs of Brazilian State, where not yet have been formed "hermeneutical minimum standards" that could turn more rational and predictable the acts of legal interpretation and application.