O możliwym wykorzystaniu modeli argumentacyjnych w obszarze doktryny i praktyki prawa karnego materialnego – przyczynek do dyskusji
On the possible use of argumentative models in the doctrine and practice of substantive criminal law – a contribution to the discussion

Summary/Abstract: The text proposes applications of argumentation models used in argumentation theory for the purposes of identifying statements formulated in the field of substantive criminal law science and practice. The research hypothesis is based on the assumption that, contrary to appearances, the doctrine and practice of criminal law should not confine themselves only to the traditional rhetorical and topical argumentation, because the multitude of threads, appearing both in the field of criminal law science and other areas of substantive criminal law, somehow necessitates also reaching for arguments that are appropriate for other models, for example epistemic-technological and communicative models. In this way, the interpenetration of certain types of statements, which is emphasized in particular in relation to deontic statements, allows for the differentiation of the meaning of truth in the area of substantive criminal law, resulting in the methodological consistency of the various essentially heterogeneous arguments appearing on this ground.

• Details
• Contents