| Abstract [eng] |
This master's thesis analyzes one of the methods of argumentation, which is argumentation based on legal principles. The thesis discusses and analyzes the significance of this method of legal argumentation. First of all, master‘s thesis analyzes the concept of legal principles and argumentation separately. The most important concepts are analyzed, such as, concept of argumentation, legal argumentation, interpretation of law and legal principles etc. After analyzing and comparing the concepts, the most important questions related to the topic are presented. Also, based on the information analyzed and discussed in this thesis, some important aspects of legal argumentation are presented as well as practical problems that subjects could face using this method of legal argumentation. Also, after further theoretical and case law studies, advantages and disadvantages of argumentation based on legal principles are presented and provided some examples. The thesis also reveals specific questions about current problems and some hipotethical solutions related to the issues subjects face while using legal principles in legal argumentation. |
