SOME ARGUMENTATIVE STRATEGIES TO OVERCOME PROBLEMS OF LEGAL INTERPRETATION

Abstract

The purpose of this article is to analyze some argumentative strategies used by the doctrine and to show that they are not limited to describing and systematizing positive law, but rather perform a reconstructive function of the logical and formal defects that legislation presents, in particular they are used to identify, to prevent, to raise and/or to try to solve problems of interpretation, although in reality, they do not always manage to solve them, but rather they correspond to implicit operations of decision, evaluation and justification that are inevitably present in the interpretation and application of the law. Some of these strategies correspond to the identification of legal natures, the enunciation of definitions and the use of certain denominations.