The Legal Argument and the Declaration of Guilt

Abstract

The legal argument constitutes a category of undeniable value in the contemporary legal systems. The use of an ample legal literature, the use of relevant rules and an adequate evidence assessment, provide the judge with objective evaluation criteria. The aim of the paper seeks to determine the relationship between the legal argument and the defendant’s culpability or declaration of innocence. The study concludes that this relationship is a substantial factor of any judicial decision in criminal law because it holds the essence of the decision.

KEYWORDS: legal argumentation, legal norm, processing, guilt, innocence.

JEL CODE: K14