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Working paper

The Soundness of judicial argumentation

Чувилин А. Е.
One of the main aims for the argumentation theorists around the world is to define standards for the soundness of argumentation. Many authors, such as Chaim Perelman or Steven Toulmin, have emphasized the role that the field of argumentation plays in defining such standards. Judicial argumentation is strongly connected with legal procedure and substantive laws. But can we say that some rules of judicial argumentation are vested in legal rules? Can we derive standards of judicial argumentation from substantive and procedural laws? This paper answers these questions on the basis of Russian and US legislation. The present treatise is aimed at outlining the main aspects of the problem and elaborating directions for future research.