Article
Spanish
ID: <
oai:doaj.org/article:7ecbc0fec0734107b7dd3d97eb229651>
Abstract
En The author proposes the identification of so-called ‘dogmatic arguments’ as such arguments which are characterised by their belonging to a scientifically framed speech of law or legal dogmatics. It analyses two ways of understanding dogmatic, descriptive and normative, to show the consequences for the identification of dogmatic arguments. It then examines how that category of arguments may be articulated in a theory of legal argument, in order to critically assess the universalising claims of the rules on the use of such arguments, which are domestic contingent products. It concludes with a reflection on some specific features of Colombian dogmatics as a starting point for the analysis of dogmatic arguments within a properly contextualised legal argument theory.