The Structure of Judicial Reasoning in the Evaluation of Evidence in the Court Sentence

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Abstract

This paper examines the essence of the court sentence as a legal document, the logical–compositional and substantive features of which are strictly regulated by law. It asks the question on the place of legal reasoning in the structure of the court sentence, and analyzes the methods used in the presentation and evaluation of evidence. In the analysis of the court verdict, the author uses some provisions of text linguistics and functional stylistics. It is argued that in the text of the sentence, argumentation is the main method of discourse used.

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About the authors

Aleksey Y. Astafyev

Voronezh State University

Author for correspondence.
Email: woltgam@rambler.ru

candidate of the law

Russian Federation, Voronezh

References

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  2. Hamaganova VM. The functioning of stating texts in the structure of a text of the "Reasoning" type. Scientific notes of ZabGSPU. Series: Philology, History, Oriental Studies. 2010;(3):142–149. (In Russ.).
  3. Omelchenko LN. About syncretism in the system of functional-semantic types of speech. Bulletin of BSU. 2013;(10):55–58. (In Russ.).
  4. Eremina IA. Reasoning as a transitional type of speech between monologue and dialogue: based on the material of the English language: author. dis. ... cand. philol. sciences. Moscow, 2004. 20 p. (In Russ.).
  5. Strogovich MS. Doctrine of material truth in criminal proceedings. Moscow; Leningrad, 1947. 276 p. (In Russ.).

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