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Legal Reasoning And Legal Interpretation

Posted on:2012-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:J R WangFull Text:PDF
GTID:2216330338459317Subject:Law of logic
Abstract/Summary:PDF Full Text Request
Legislation, judicial, law enforcement, legal supervision and the legal consciousness of ordinary citizens are inseparable from the legal reasoning, it can be said that all aspects of the law needs the support of legal reasoning. The legal logic of reasoning is the main object of study, also the jurisprudence of which is an important legal methods. Legal reasoning is a thinking activity, which is the facts of the case and the legal norms of mutual collusion of the necessary means. There are two types of legal reasoning: formal reasoning and substantive reasoning, form reasoning is deductive reasoning and the real reasoning including analogical reasoning and inductive reasoning. Form of legal reasoning is a logical way to find the legal basis, the particularity is derived from the general. On the contrary,the substantive reasoning focuses on the rational judgments dialectical thinking about the rules and facts. In the use of substantive reasoning, we should consider legal, policy, justice, social morality, and other factors, which can help us to make the best option.The law is a concept of interpretation and its application is a process of the exchange, the law is not written on paper for people to pay tribute to the dead letter, but the adjustment of relations, norms, and maintain order in the tool. Since it is a tool to be used by people, it have to be explained. The explain is a fundamental way to apply the abstract rule to the case. Therefore, the rule must be precise, and legal interpretation is an important way to achieve this goal. Grasping the concepts and features of legal interpretation is the essential of the studying of law; adhering to the principles of legal interpretation and the correct use of legal interpretation is an important way to enhance the quality of the legal interpretation; Making the types of legal interpretation and the allocation of rights clear is an important way to understand the China's legal interpretation system deeply. Realizing the justice of the law will promote the harmonious rule of law in the process of contemporary China. So the interpretation of the law has become the eternal subject of judicial practice and legal research.The article is divided into four parts. The first part is the basic concepts of legal reasoning, characteristics, classification and methods of making the simple exposition. The second part is the legal interpretation of the meaning, scope, specific methods and the importance of legal interpretation. The two parts pave way for the third part, which is the most important part, in which elaborate on the relationship between legal reasoning and legal interpretation from the premise of the need for legal interpretation .The specific interpretation of the law contains the further studies of legal reasoning, the ultimate expression of which is the logic "thinking" method. The last part has problems presented on legal reasoning and legal interpretation.The premise of legal reasoning is a set of standards of legal norms, and the determination of the premise is particularly important, as it relates to the rationality, legality, accuracy, scientific of the final conclusion of legal reasoning. Legal interpretation is the interpretation of the law, thus the accuracy of legal norms is affiliated to legal interpretation. Interpretation of the law is interpretation of legal contents made by the judges. To obtain a justified result, legal reasoning is particularly important. Legal reasoning and legal interpretation can shed big influence upon each other. The relationship between Legal reasoning and legal interpretation is the focus of this article. So this article attempts to explain it in order to address the diversity issue of law to provide a correct legal interpretation, which plays a decisive role in legal reasoning. So the relationship of legal reasoning and legal interpretation is of a great significance to our study.
Keywords/Search Tags:Legal reasoning, Legal interpretation, Legal methods, Formal reasoning, Material reasoning
PDF Full Text Request
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