The Impact of Legal Argumentation on the Effectiveness of International and National Justice
Legal argumentation, which has become an important interdisciplinary field of scientific research in the last few decades, draws its data, assumptions and methods from various disciplines: legal theory, philosophy of law, sociology, logic, argumentation theory, and rhetoric. Legal argumentation is one of the significant functions of a judge while administering justice. It allows the judge to resolve matters of fact and law in order to deliver a reasoned, convincing and fair judicial decision. Judge always correlates the general legal doctrines that he/she applies and the facts of the case under consideration as well as evaluates the nature and significance of the available arguments deciding on their application with regard to the norms of law, the principles of law, the rules of morality and moral values. A crucial task in resolving a case is not just to maintain a fair balance of arguments, but also a dynamic attitude to legal argumentation in the context of current changes. Such an evolution is possible when using methods of comparative and integrative argumentation in order to harmonize the approaches of international and national courts to solving complex legal issues. Coherence, strength, consistency of legal argumentation and its modern approach serve not only the effectiveness of the legal system, but also promote the ideas of judicial development of law.