Comments About The New Rhetoric Theory Of Chaïm Perelman

Abstract

This essay pretends to demonstrate how the issue of the interpretation of legal norms was treated in the New Rhetoric of Chaïm Perelman. The theory emerged in the 1950´s criticizing juridical positivism and bringing back the possibility of reinsertion of valuational matters in the application of the law. With the scope of not compromising legal predictability, notions like equity and reasonability where hitched to the concept. Furthermore, the essay aimed, with the collation of literary works about the theme, to analyze the possibility of applying the New Rhetoric theory in the Brazilian Legal Order, The method utilized was the critic- deductive.

Keywords

• Chaïm perelman, Argumentação
• Epistemologia
• Interpretação
• Discricionariedade
• Segurança jurídica