TOULMIN'S ARGUMENT MODEL IN LAW

If the logical and mathematical approach to law is related to an argument with a valid form regardless of the matter and content in the form, the rhetorical approach can prefer the content to the structure and form. In the Toulmin’s rhetorical model of the argument, the acceptability of the content of argumentation firstly belongs to the judgment of audience to whom the argumentation is made. Secondly, the argument has a descriptive form to show common way of reasoning in the people everyday conversation, not prescriptive, like the methods prescribed by the logical approach. In the Toulmin model, at the first step, there is the claim that we need argumentation for; while in the logical approach we have initially some premises which necessarily bring us to the conclusion.