What is the Meaning & Definition of legal reasoning

The idea of reasoning refers to the concept of reason, the Faculty of the human being to understand reality. In this way, through our reasoning and the use of language, we can describe some aspect of reality. If we apply the concept of reasoning within the scope of the law we are using the legal reasoning.

Pillars that build the legal reasoning

The legal reasoning involves several elements in a combined manner. On the one hand, the laws of formal logic, i.e., laws of rational thought without which it is impossible to argue properly or develop a coherent discourse. On the other hand, there are elements of the dialectic, which in its strict sense means conversation technique. Finally, used a process of argumentation from the standards reflected in the law. With these three elements, the legal reasoning is intended to reach a conclusion in the context of a problem situation. At the same time, there is a circumstance which is evident in the process of legal argumentation: the State should be subject to the rules of the law and to the established legal procedures.

Development of legal reasoning

When it comes to a conclusion within the framework of the law must be starting from a main argument, i.e. a specific thesis. From it, a number of additional arguments that reinforce the main arise. Said in other words, ideas or complementary arguments act as reinforcement, so that reasons that endorse or justify the general approach are presented. For this process is carried out correctly it is necessary to use a series of elements: references to standards, a justification criteria and an interpretation of the standards themselves. The legal reasoning involves the use of the deduction and induction, two opposing methods of argumentation, but as part of any proper reasoning (deduction is part of a general idea or law and arrives to a particular case and the induction part specific data and from them is coming to a more general conclusion).

Tools of argument, such as the jurisprudence

In legal reasoning, it is possible to use different argumentative strategies. One may be a legal precedent, i.e. case law resource. It is also feasible to resort to the argument from authority or appeal to the reality of the facts. Finally, in all legal reasoning there is an element in the argument that is itself not technical (standards, technical arguments, deductive or inductive method or the use of formal logic), since in all legal discourse there is a persuasive component, which aims to convince someone (a jury or a judge).
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