The Legal Argumentation Of Law Students

The legal argumentation of law students

Summary

The research work aims to demonstrate as the main importance of legal argumentation in third -year students of the U Law career.M.S.A., Among the specific objectives, identify the benefits of legal argumentation in third year students of the U Law career.M.S.A and demonstrate the importance of legal argumentation for professional practice, the methodology used was the quantitative approach, the data was collected through the survey technique, as an instrument the questionnaire, the analysis was carried out based on the data obtained, achievingas a result;Legal argument must be implemented since the third year of the Law’s Law career.M.S.A., Finally it is concluded that the knowledge of legal argument will contribute significantly in the process of training of the professional future.

Introduction

The argument is a term that comes from the Latin word argumentum. This is the reasoning that is used to demonstrate or prove a proposition or to convince another person of what is affirmed or denied.Therefore the argument means giving reasons for or against a fact, therefore the legal argument is to persuade, based on valid and legitimate reasons, in order to demonstrate what we mean that it is the right thing to.

As the law is taught in most of our universities and in the other countries of our region, no argument is taught, since their teaching is almost excluded in the training of law students, who apparently is more important to teach them whatThe laws, codes, and the occasional theory of law say, which is an error, since the argument must be the way of how the law should be taught, because if we learn a good theory of law, and we do not know how to apply itIn practice, it is like having an art and not being able to exercise it.

Forming not only in the memorial domain of the codes and their respective adjectives is a duty not only of the law of law but of the university classrooms where legal science is taught: critical judgment, legal argumentation, innovation and creativity at the timeto solve situations of a legal nature, to socialize, to lead, to develop an adequate (non -verbal) emotional intelligence, synergy in addition to legal ethics etc. are fundamental.

The transmission model, conceives of teaching as a true art and the teacher as a craftsman, where its function is to explain clearly and progressively expose your knowledge, focusing centrally on student learning;The student is seen as a blank page, a marble to which you have to model, an empty glass or an piggy. The student is the center of attention in traditional education.

Due to the factors indicated, the traditional way of teaching law is not very productive in the teaching -learning process in the various branches of law, not only should be limited to students the contents of each subject in a memoristic way, asThe student is the training process The teacher’s work is to develop capacities to manage the contents skillfully in a way that is not formalistic, if not, that the student develops the ability to legally argue various cases that are placed.

As Atienza points out "from the perspective of the way of studying law, positivist normativism is mostly interested in a structural, anatomical analysis, while the approach to law as an argument leads to a rather functional and physiological study" (Atienza Manuel, 2006).

The importance of legal argumentation 

The argumentative approach of law can contribute decisively to a better theory and better legal practice. To do this, it cannot be dispensed with, of course, the contributions of the great conceptions of the right of past times: of the structural analysis of law;of the linking of argumentative processes with the behavior of judges and other legal operators;of the relations between legal reasoning and that of moral and political nature;of the limits (formal, institutional) of legal reasoning;or of the ideological and power elements that, of course, can be found in law and legal reasoning. (Atienza Manuel, 2013).

The production of arguments by lawyers does not take place solely in the defense (or accusation) work that they carry out before the courts, but also in their task of advising customers and in the negotiation processes in relation to other lawyers, with prosecutors, etc. And, of course, it is not the same (it does not argue the same) the lawyer who defends an interest from a motivated part exclusively in obtaining an economic benefit, than the one that embarks on the defense of causes, we would say, of general interest (moreor less coincident with what, in rhetorical tradition, was called a dignified or honorable cause), aimed at defense of consumer rights, the environment, public freedoms … but in any case (and although in different degrees), the "partisan" nature of lawyers’ function makes in relation to their arguments (except in exceptional cases) does not make much sense to speak of "claim of correction". (Atienza Manuel, 2013).

Atienza, he refers to legal argumentation, it is applied indispensable in professional practice, it is defined as that activity through which the lawyer gives good reasons that support his statements, decisions and claims, for example: when a judge issues a sentenceIt must be motivated and founded, that is, explain how I do it. On the other hand, the one who demands something, is obliged to point out his claim with precision to give the reasons why he does. Even for the legislator, when he presents a bill, he must give reasons why his proposal.

Due to the indicated example, the ability to argue legally in the professional future is indispensable, it must be highlighted that it is a quality, that without it it would not be logical and much less possible to carry out an adequate defense during a judicial process. It must be taken into account that the student career student of the U.M.S.A. They will be future professionals and lawyers will occupy various positions such as;litigants, legal advisors in various institutions whether private or public, judges, prosecutors and lawyers who will be at the service of society.

Then knowing how to argue, it is not a task for a few is even a task for the lawyer who exercises university teaching.

Faced with this demand for the importance of legal argumentation, the UMSA Law career approves the new curriculum by H.C.OR. Nº 401/2016 of October 19, 2016, and to review the 2017 Curriculum, it is evidence. However, this matter is issued from fifth year and is only directed for a single area, it is for this reason that the present investigation is carried out under all the theoretical foundations referred to the importance of legal argumentation in students in the third year ofThe U Law career.M.S.A.

Materials and method

This scientific article has a quantitative, non -experimental approach.

The objective of the investigation is descriptive, since it consists in arriving at the importance of legal argumentation in third -year students of the U Law career.M.S.A . It developed as follows:

The investigation included the population of university students of the Law career U.M.S.A. In the morning, afternoon and night shifts, between the ages 20 to 28, randomly selected, who entered with the new Pensum 2017, with a sample of 58 students belonging to the third year of the Law career.

The technique that was used was the survey, as instruments the questionnaire was used with the elaboration of closed questions and the Likert scale this last one with the purpose of quantifying the importance of legal argumentation from the perspective of the third year students of the raceof the U Law.M.S.A.

Discussion

Of the results obtained in the surveys conducted to the third year students of the Law career of the U.M.S.A. They consider important that the implementation of the subject of legal argumentation because it will contribute to their professional training;As the third -year students of the law career can be evidenced by 48 %, they have a very clear notion of the importance of legal argumentation and 67 % that should be implemented in the third year of the law career.

Regarding the point indicated in supra lines, it must be essentially important how important it is that the legal argumentation is immersed in the process of training of the law career, in 69% it is considered that it will contribute in professional training, that is to say that the subjectof legal argumentation will form professionals in an integral way, not only professionals who know the content of the various subjects of law in a memoristic way, because it is clear that the professional (student trained) many times, does not know how to argue, that is, to give reasons or reasonshold a claim raised by the same. This lack of knowledge of the importance of legal argumentation is denoted in 36% of third year students of the law career.

conclusion

The investigation is carried out to the following conclusions:

It is necessary to take into account all these factors, which make the knowledge of the legal argument important that will contribute significantly in the process of training of the professional future, because it is pointed out, that the right in its current meaning is closely linked to the lawyer, asfundamental element of a country or society. so that a society can civilly live in a framework of mutual respect between those who make it up;The law student, will be a professional future that will be at the service of society, for this, must respond efficiently, applying the knowledge acquired in its training stage and using the healthy and healthy disposition of the law, with the purpose ofsolve those disagreements or conflicts between people or between people and groups, institutions or organizations of society.

Under these aspects it is important that legal argumentation must be immersed in the training process from the third year of the U Law career.M.S.A., While it is true that this matter is dictated in Quito year, however only in the public area (specialty), leaving aside the rest of the other areas and therefore to the other students of the Law career.

Bibliographic references

• Julián Pérez Porto, 2010. Recovered from https: // definition.of/argument/
• Atienza Manuel, the sense of law, Editorial Ariel, Barcelona, 2001, P. 268.
• Mendez Happy Edgar, 2016, recovered from https: // alomento.net/la-importance-of-the-argumentation-juridic/
• Mora, 2018, recovered https: // www.Right approach.com
• Fierro, Cecilia, and others. Transforming teaching practice. Ed. Paidos, Mexico.1998 recovered https: // sites.Google.com/site/pedagogiaydidacticaesjim/home/chapter-III-la-formation-docsent-en-educion-informatica/session-15-hacia-la-practical-docente
• Atienza Manuel, Editorial Legal Argumentation Trotta, Madrid, 2013, recovered from https: // www.academy.EDU ›