True and rhetoric: conflict and coexistence in the judicial penal code speech

Abstract

This article aims at seeking for the determination of the nature of legal arguments and the implications of logic in legal decisions, focusing mainly on previous criticism, which refers to the unconditional acceptance of the real truth concept that has been denied by other fields of human being knowledge. As a conclusion, this article shows that the logic of law comes from things that are both probable and persuadable, since all factual circumstances and the reasons of applicable rules applied to real cases are taken into consideration. In summary: it is the combination of logic and rhetoric.