THE ARGUMENT FROM AUTHORITY IN LAW - 10.12818/P.0304-2340.2017vBIp29

Abstract

This essay investigates the role of the argument from authority in Law. It begins with the way (both formal and informal) Logic approaches it, trying to identify its “correct use”, as well as its legitimacy in everyday and scientific discourses, by separating logical questions from material questions. Then it investigates the use of the argument from authority in Law, distinguishing its two different forms: arguments based on authoritative material (statutes and precedents) as arguments from authority (authoritative or normative arguments) and arguments from authority provided by legal scholars (scientific or intellectual legal arguments from authority). As a conclusion, the essay provides an identification of the core element of both kinds of arguments from authority in Law, which is the figure of the presumption.