Article | Phenomenon of Silence in Legal ArgumentationSummary. |
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Authors |
Shcherbyna O.
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Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2014 |
Pages | 160 - 174 |
Annotation | In the article phenomenon specific of silence in legal argumentation isdetermined. The problem of using silence as an argument in legal argumentation, isanalyzed in this context, as well as consideration of this phenomenon as a way toimplement fraud. Moreover, the characteristics of silent lie and silent fraud in the field oflegal argumentation are analyzed. Rendering of cognitive schemes of lie with the use ofhalf-truth and fraud using half-truth, silent lie and silent fraud as interactions in this area.The meaning of «not reported» with the term «retention from messaging» in the case ofsilent fraud is clarified. Refined definition of fraud in law is offered. |
Keywords | legal argumentation, silence, silent lie, silent fraud, non-messaging. |
References | |
Electronic version | Download |