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Welcome back to Filosofando Jurídicamente to this academic channel where today I will talk about the legal topic.

Let's go with the intro to start with the video.

Well, in a simple way, I will start by telling you that we can understand the topic as a very useful tool in the structuring and simplification of legal arguments.

But we can also understand or consider it as a doctrine of argumentation through which problems can be solved from common places, leaving aside the deductive logic axioms.

Traditionally, when we talk about a legal topic, we must refer to Theodore Fiebich, a jurist and philosopher who considered the topic as the technique of problematic thinking, through which the existence of a problem is conceived, by pre-composing it both in its terms and in the framework in which it is proposed.

This is important to know what the process is to follow and thus be able to determine the type of solution that is desired.

In the approach of this technique, Fiebeck considered different alternatives or possible ways of acting for the appropriate solution of the problem, with which invariably 1 reaches the need to choose the most viable option.

In law, it is not possible to find basic proposals as we can find in some sciences.

This is because in the legal area we find the non-definitive character of the statements with which some type of solution is operated.

To solve these issues, the topoi or loci, which are roughly general points of view, come into play, which can be used as the case may be.

For its part, Klaus Lodersen considered the topic as a rationalized search for premises.

However, this inquiry must be carried out based on a catalog of legal topics.

For practical purposes, and relying on an eclectic definition, we can understand the topic as a technique of thought that aims to solve a problem, which is called Porya, to analyze the different alternative solutions of the topo and common places, and to perform the 2 previous points, observing as a foundation the general recognition or the common sense called endoxa.

In contrast, Robert Alexy calls the topic as a topical system and defines it from 4 main characteristics.

2 is the order of the topoic corresponding to the problems.

Now, in general, legal topics provide reasons that allow to rule out solutions that are not equitable or reasonable.

For example, when a problem arises about freedom, we can try to solve it from the common thought or phrase that states that freedom is preferable to slavery.

For this type of resolution, there are various catalogs of topics or common places that support legal reasoning and are found in virtually all areas of law.

Some are presented as general principles of law, others are presented as maxims or adagios in Latin, and others indicate fundamental values that the law protects and also puts into practice.

Some more common topoi that have given rise to a set of rules that have allowed the regulation of the branches of law.

For example, the owner supports the damage caused by chance.

The laws have been written by those who are not negligent.

The law favors what is legitimate, silence does not force anything, you cannot be a judge in your own cause, no 1 is forced to do the impossible, etc.

Topics are tools that generally help legal reasoning, but a serious mistake would be to think that from this topic specific cases can be solved.

The loci or topoi are not enough for the judge to determine a sentence, since it should only serve as a guiding thread for the exposed issues.

We can add that topoi are considered as legal propositions, points of view or generalizable and formal rules that are used in legal argumentation, or as tools for the invention that help determine the possibility of certain general rules.

These instruments are only of a directive nature, which guide action, and therefore are neither true nor false, they are criteria for legal argumentation.

These are common perspectives under which a problem is focused, hence they are classified as types of arguments that found a generalized belief on the effectiveness of a particular solution.

In general, the characteristics of the topics are as follows.

They are based on the general law, and therefore are general.

They have the capacity to impose themselves.

They are vague, but they are determined with the specific problem.

5, there is no hierarchy between the topoi and loki.

We can also say that loci or topoi have a double function, this is that they can work as a research technique for the solution of a problem through rigorous methods or empirical rules, and it can also function as a system for the interpretation of words that determine a wide field of meanings.

If the legal topic operates both with common places and points of view applicable in cases in which axioms do not exist, then this topic can only be recognized when there is a general consensus in its degree of justice.

However, there are several criticisms that have been made about the use of topoys, which claim that these common places, being part of a certain cultural or historical context, they can favor more ideological justification than the judicial decisions that make the correct critical thinking.

And for this reason, their use can represent a kind of uncontrolled persuasion that can be an obvious risk for legal security, in addition to the fact that such instruments can also simplify ideas that deserve to be specified or be considered as an idea or phrase already spent, or even to show little imagination of the jurist who expresses them.

Hence, it is important to take the topoi only as a reference or legal basis to build our own ideas within the discourse.

Without more to comment for the moment about this topic, I hope, as always, that this brief information about the topic is of your interest and utility.

Again I tell you that my book is on sale, my book of practical legal argumentation, both in digital format and in physical format, where you will find all these topics and many more things.

I leave the links so that if you want to buy the book, you can do it through these virtual stores, which take you to your home.

Remember to subscribe and activate the bell, and invite all your friends or acquaintances who are interested in this type of topics so that both you and they receive all and each of the notifications of the new videos that I will continue to upload and please, any suggestions or doubts, leave them in the comments below See you soon!


Speaker 0: Hello everyone, I hope you are well. Welcome back to Filosofando Jurídicamente to this academic channel where today I will talk about the legal topic. Let's go with the intro to start with the video. What is the topic? What is the topic?

Well, in a simple way, I will start by telling you that we can understand the topic as a very useful tool in the structuring and simplification of legal arguments. But we can also understand or consider it as a doctrine of argumentation through which problems can be solved from common places, leaving aside the deductive logic axioms. Traditionally, when we talk about a legal topic, we must refer to Theodore Fiebich, a jurist and philosopher who considered the topic as the technique of problematic thinking, through which the existence of a problem is conceived, by pre-composing it both in its terms and in the framework in which it is proposed. This is important to know what the process is to follow and thus be able to determine the type of solution that is desired. In the approach of this technique, Fiebeck considered different alternatives or possible ways of acting for the appropriate solution of the problem, with which invariably 1 reaches the need to choose the most viable option.

In law, it is not possible to find basic proposals as we can find in some sciences. This is because in the legal area we find the non-definitive character of the statements with which some type of solution is operated. To solve these issues, the topoi or loci, which are roughly general points of view, come into play, which can be used as the case may be. For its part, Klaus Lodersen considered the topic as a rationalized search for premises. However, this inquiry must be carried out based on a catalog of legal topics.

For practical purposes, and relying on an eclectic definition, we can understand the topic as a technique of thought that aims to solve a problem, which is called Porya, to analyze the different alternative solutions of the topo and common places, and to perform the 2 previous points, observing as a foundation the general recognition or the common sense called endoxa. In contrast, Robert Alexy calls the topic as a topical system and defines it from 4 main characteristics. 1 is the orientation to the problem. 2 is the order of the topoic corresponding to the problems. 3 is the constant movement through the.

And finally, a rational argumentation. Now, in general, legal topics provide reasons that allow to rule out solutions that are not equitable or reasonable. For example, when a problem arises about freedom, we can try to solve it from the common thought or phrase that states that freedom is preferable to slavery. For this type of resolution, there are various catalogs of topics or common places that support legal reasoning and are found in virtually all areas of law. These loci are of different natures.

Some are presented as general principles of law, others are presented as maxims or adagios in Latin, and others indicate fundamental values that the law protects and also puts into practice. Some more common topoi that have given rise to a set of rules that have allowed the regulation of the branches of law. For example, the owner supports the damage caused by chance. The laws have been written by those who are not negligent. The law favors what is legitimate, silence does not force anything, you cannot be a judge in your own cause, no 1 is forced to do the impossible, etc.

Topics are tools that generally help legal reasoning, but a serious mistake would be to think that from this topic specific cases can be solved. The loci or topoi are not enough for the judge to determine a sentence, since it should only serve as a guiding thread for the exposed issues. We can add that topoi are considered as legal propositions, points of view or generalizable and formal rules that are used in legal argumentation, or as tools for the invention that help determine the possibility of certain general rules. These instruments are only of a directive nature, which guide action, and therefore are neither true nor false, they are criteria for legal argumentation. These are common perspectives under which a problem is focused, hence they are classified as types of arguments that found a generalized belief on the effectiveness of a particular solution.

In general, the characteristics of the topics are as follows. 1. They are based on the general law, and therefore are general. 2. They are convincing and rational.

3. They have the capacity to impose themselves. 4. They are vague, but they are determined with the specific problem. 5, there is no hierarchy between the topoi and loki.

6, they have a great practical utility. We can also say that loci or topoi have a double function, this is that they can work as a research technique for the solution of a problem through rigorous methods or empirical rules, and it can also function as a system for the interpretation of words that determine a wide field of meanings. If the legal topic operates both with common places and points of view applicable in cases in which axioms do not exist, then this topic can only be recognized when there is a general consensus in its degree of justice. However, there are several criticisms that have been made about the use of topoys, which claim that these common places, being part of a certain cultural or historical context, they can favor more ideological justification than the judicial decisions that make the correct critical thinking. And for this reason, their use can represent a kind of uncontrolled persuasion that can be an obvious risk for legal security, in addition to the fact that such instruments can also simplify ideas that deserve to be specified or be considered as an idea or phrase already spent, or even to show little imagination of the jurist who expresses them.

Hence, it is important to take the topoi only as a reference or legal basis to build our own ideas within the discourse. Without more to comment for the moment about this topic, I hope, as always, that this brief information about the topic is of your interest and utility. Again I tell you that my book is on sale, my book of practical legal argumentation, both in digital format and in physical format, where you will find all these topics and many more things. I leave the links so that if you want to buy the book, you can do it through these virtual stores, which take you to your home. Remember to subscribe and activate the bell, and invite all your friends or acquaintances who are interested in this type of topics so that both you and they receive all and each of the notifications of the new videos that I will continue to upload and please, any suggestions or doubts, leave them in the comments below See you soon!

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LA TÓPICA JURÍDICA