Peznick 's Theory Of Legal Argumentation

Because of complex social reality beyond the scope of existing legal norms, the traditional forms of legal reasoning such as judicial syllogism represented to the dilemma. To get out of this predicament,scholars began to study the theory of legal argumentation. It is in this context, Peczenik put forward his own theory of legal argumentation. Peczenik recognizes the question of judicial syllogism is how to determine the premise can be applied to the facts and to ensure the effectiveness of such a premise in question. Peczenik through the proposed theory of transformation to achieve the legal premise which can be applied directly and guarantee the effectiveness of this premise. This theory of transformation is applied in the transformation into the law and the transformation inside the law. These two justification model of Peczenik ensure that the rulling can be justificated in the legal context and the basic of the universal rational, in order to achieve the unity of substantive justice and procedural justice, in order to achieve the unity of rationality and legitimacy. This paper is divided into five parts to show the legal argumentation theory of Peczenik:The first part is an introduction. In this section, the author introduces the topic of this article, and based on current research and research methods applied in this paper. The second part is reasons for the production of the theory of legal argumentation of Peczenik. The third section discusses the theory of transformation of Peczenik. The last section discusses the theory of deep justification...