Original scientific paper
https://doi.org/10.31141/zrpfs.2022.59.144.295
Argument a contrario
Marin Keršić
orcid.org/0000-0002-0964-4625
; University of Split, Faculty of Law, Split, Croatia
Abstract
The argument a contrario is an argument that is frequently used in judicial practice, but also
in everyday reasoning. Although the argument a contrario may seem one of the simplest, it raises
many theoretical and practical issues, such as: the question of the persuasiveness of conclusions
by contrast, the relation of the argument to other arguments and to interpretation (especially the
argument by analogy and the narrow, literal and extended interpretation, as well as the teleological
interpretation), and the relation to the “silence” of the legislator. Structurally, in the introduction,
the author first introduces the concept and characteristics of the argument. Then, the variants of the
argument are explained: interpretive and productive (according to Guastini) and weak and strong
(according to Peczenik). The paper continues with the analysis and formalization of the structure
of the argument, with particular reference to the strong and weak pragmatic negation and their
implications for the conclusion a contrario. The views expressed are then presented in the decisions
of the Court of Justice of the European Union and the Supreme Court of the Republic of Croatia.
On this basis, the author presents conclusions that are relevant for legal scholarship, and possibly
for judicial reasoning.
Keywords
argumentation; argument; a contrario; interpretation; Court of Justice of the European Union; Supreme Court of the Republic of Croatia
Hrčak ID:
280636
URI
Publication date:
15.7.2022.
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