Abstract

MEJIA RESTREPO, Andrés Fernando. Toulmin's argumentative scheme as a tool for controlling the rationality of judicial decisions. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2021, vol.51, n.134, pp.151-176.  Epub Jan 03, 2021. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v51n1134.a07.

This article relates to the concept of legal argumentation, as well as its purpose. Next, the theory of Stephen Toulmin and a scheme based on his proposals, applicable to the analysis of judicial decisions. The suggestion of elements to analyze a correct and complete reflection regarding the justification of the meaning of the rulings issued by the Constitutional Court and the Supreme Court of Justice of Colombia. Finally, the simple model applies and adjusts to the extension of the work. We take the unit of analysis as a sentence recently deliver by the Criminal Chamber of the Supreme Court of Justice. In this exercise, we evidence the usefulness of the argumentative structure, as well as the limits it entails. In the study of the sentence, we observe that the Chamber based the meaning of the ruling mainly on three assertions. We configure two argumentative structures in its analysis. We find deficiencies in the rationality of the justification of two of them.

Keywords : Argumentative structure; rationality; justification; judicial decision; Toulmin.

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