Abstract:
The subject of legal science is the legal rules which governing the rights and duties of individuals, and the essential attributes of these rules are discussed in this science. The essential attributes are those that carried on the subject of rights as it is, and the discussion on the subject of rights take place by a logical reasoning. The central signifier of legal arguments in various judicial fields, explanation, interpretation, research and legislation are the rules and norms that form the axis of legal science, and they guide the identity and method of this science. According to this point the legal philosophers have long realized the necessity of the rules governing on the form of reasoning, have appealed to these rules in legal thinking, and have invented the rules of the form of reasoning as a method of inference and legal reasoning. By the emergence of new logics various views and approaches have been proposed for evaluating, analyzing, and interpreting of legal cases and reasoning techniques. The main question of this article is: what are the necessities that justify the use of these reasoning rules in law, and what challenges do these rules put forth in the face of legal inference? By a descriptive-analytical approach and qualitative method this article discusses these rules, and the most important findings are that since the rules of argumentation have gradually changed due to scientific developments and new reasoning methods have gradually been added to it, these rules are still considered the most widely used arguments in legal science.