Resumo

CIANCIARDO, JUAN. ARGUMENTATION, PRINCIPLES AND REASONABLENESS BETWEEN IRRATIONALITY AND RATIONALITY. Díkaion [online]. 2014, vol.23, n.1, pp.11-36. ISSN 0120-8942.  https://doi.org/10.5294/DIKA.2014.23.1.2.

The author's intention in this paper is to provide a summary account of the complex ambiguities, paradoxes and difficulties confronting the legal practitioner in today's world; that is, in the context provided by the constitutional state, and the pivotal points of the various alternatives that have been offered as theoretical-practical solutions. An attempt to resolve indecisiveness by resorting to constitutional principles opens up a range of problems. How do we explain the relationship between legal principles and rules? The answers to this question provided by irrationalism, rationalism and those who take the path of reasonableness are presented and compared.

Palavras-chave : Legal arguments; principles; rules; Criminal Law; human rights; positivism; basic human goods.

        · resumo em Português | Espanhol     · texto em Espanhol     · Espanhol ( pdf )