Pravnik Nos. 5-6/2015

Issue 1-2/2016 will be published in February.

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Number 3-4/2015
Argumentation in Law. From Life Case to Legal Decision
Pravnik, Ljubljana 2015, Vol. 70 (132), Nos. 3-4, pp. 259-264
UDC: 340.132.6(049.3)

The monograph of Prof. Marijan Pavčnik dedicated to legal argumentation was published in Slovenian language as Vol. 47 of the book series Pravna obzorja (Legal Horizons) and is an expanded first edition of 1991 (reprint: 1998, Vol. 12) and a supplemented second edition of 2004 (Vol. 25). In Pavčnik’s opinion, it lies in the nature of the phenomenon of law that not even the theory of argumentation can offer final solutions that could be directly applied. Concerning legal solutions in concrete cases, there are only given life cases, formal legal sources and legal values that have gained acceptance in the legal order. The theory of argumentation explains the importance of connecting these elements, which form the framework of legal decision-making and define it as to its content. These elements are not relevant by themselves but only acquire relevance for legal solutions when they are connected and their interrelations are assessed. The author sets up his legal-philosophical project with ingenuity and preciseness, displaying a keen sense of inner coherence and presenting an admirable list of pertinent literature (pp. 479–520). At the same time, he offers numerous original and inspiring solutions to problems.