Argumentation and Judicial Rhetoric: Abductive Reasoning and Abductive Schemes in Criminal Proceedings

Rhetoric and Argumentation

DOI 10.55206/ORUP6046

Metin Ibriyamov

Sofia University “St. Kliment Ohridski”

Email: m.ibriamov@gmail.com

Abstract: Human thought makes sense of the phenomena, processes and states of affairs of existence by means of its ability to form judgments (inferences). Since existence is vast and knowledge about it is always limited in terms of time, place, and possibility, the human mind derives its knowledge about the world around it (makes sense of it) precisely on the basis of the available set of time, information, and possibilities. In a criminal proceeding, the object of conceptualization (knowledge), based on a known (limited) set of information (evidence), is an event that occurred in the past – human behaviour that society has elevated as a crime. Since the time of Aristotle and Antiquity it has been known that knowledge follows the formula “from the known to the unknown”. Such is basically the formula embodied in abductive reasoning, as a third type of reasoning along with deductive and inductive reasoning. It is this type of reasoning that has been studied theoretically in the context of criminal law. The aim is to bring out the specificities of abductive reasoning and abductive schemes through the methods of desk research, critical reading and comparative analysis of various basic theoretical publications. The research questions are oriented towards the establishment of basic propositions and specific manifestations in the national context in Bulgaria in the field of criminal law and judicial rhetoric.

Keywords: abduction, abductive reasoning, abductive schemes, inference, best explanation, hypothesis, justification, proof, criminal process.

Rhetoric and Communications Journal, issue 58, January 2024

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