A relationship of the reasonable and theory of argumentation to law

Abstract

This article evaluates the idea that theory of argumentation is a discipline within the scope of the reasonable. In order to achieve this purpose, a general presentation of the theory of argumentation, also known as the new rhetoric, is performed supported by Chaïm Perelman. Then, a relationship and difference between the rational and the reasonable is shown. It is likewise claimed, that the reasonable, as the exercise of the reason, is, what is coherent to common sense, the latter understood as done by Karl R. Popper. And finally, an example is shown on how the law, notwithstanding intending to build a rational tool, such as the legal syllogism, is maintained, many times, within the scope of the reasonable.