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Legal Reasoning And Its Form And Substance

Posted on:2012-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:J N WangFull Text:PDF
GTID:2166330338994993Subject:Logic
Abstract/Summary:PDF Full Text Request
Legal reasoning is one of core problems of legal logics, it is also a hot problem of jurisprudence.There are many deference about the realization of legal reasoning among the people,the root of the problem about deference realization is derived from the deference of the basic concept of law and reasoning ,there are not only narrow meaning and broad meaning but also form and substance about both law and reasoning, just the argument about these basic concepts, deduce the complexity of the legal reasoning research.This thesis includes three parts.The first one research the ontological meaning of law and reasoning, especially, research the ontological meaning of the law in the view of the historical development. Realize the substantive character on the base of analsis about the ontological meaning of the law and reasoning, furthermore, reaserch the catigories of legal reasoning. The second one discourses the character ,applied range and meaning of formal legal reasoning. The third one discourses the character ,applied range and meaning of substantive legal reasoning,and compared with the formal legal reasoning and substantive legal reasoning in legal practice.This thesis gets the conclusion that the realization about legal reasoning depends on the realization about ontology of two basic concept: law and reasoning. The dichotomy of formal legal reasoning and substantive legal reasoning reflects generally the double character of determinacy and uncertainty of legal reasoning. Reaserch the character and applied range of two kinds of legal reasoning in the view of methodology, the relation between these two kinds of legal reasoning is dialectical unity of opposites. Forthermore, there are not a clear line between these two kinds of legal reasoning. Advoate diluting catigories between these two legal reasoning. In the case of definite meaning of two concepts, approve constructing legal reasoning system according"formal legal reasoning is main, substantive legal reasoning is supplementary".
Keywords/Search Tags:Law, Reasoning, Legal reasoning, Formal legal reasoning, Substantive legal reasoning
PDF Full Text Request
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